Drug Possession Laws: 50-State Survey
The “war on drugs” has left a legacy of strict laws involving controlled substances. While making, selling, or otherwise distributing drugs usually carries the most severe penalties, simple possession can lead to prison time, fines, and a criminal record as well. However, some states have begun to make laws on simple possession less punitive by reducing the penalties for these offenses, at least in regard to some drugs. Some states even have legalized the possession of small amounts of cannabis for recreational use, but cannabis is the only drug so far to receive this treatment. (We provide a separate survey on medical and recreational cannabis laws, which are not covered in detail here.)
The penalties for drug possession generally depend on the type of substance and the quantity that the defendant possessed. Many states have created “drug schedules,” in which controlled substances are grouped according to the level of risk that they pose and any potential for beneficial use. In these states, the schedule in which a drug is placed usually shapes the penalties for possessing it.
A defendant should not necessarily assume that they will serve all, or any, of the jail time attached to the offense if they were caught in possession of a controlled substance. For example, programs called drug courts are designed to help offenders who are struggling with substance abuse problems. If there is a drug court program in their area, and they are eligible, an offender might be able to get their case dismissed by successfully completing the program, or they might secure a reduction in their charges or other benefits.
Many states also provide opportunities for “conditional discharge” that are specific to drug offenses. These laws vary, but often they allow a first-time offender with a relatively minor charge to avoid jail time and a conviction on their record if they meet certain requirements imposed by the court. Some defendants also may be eligible for sentencing alternatives under generally applicable rules of criminal procedure in their state, which are not discussed here.
This survey is limited to drug possession and does not cover related charges that someone found in possession of drugs might face. For example, if they are caught with drugs in their vehicle and appear to be under the influence, they might face a drug DUI charge. If they have items to help them consume the drugs, they might face a drug paraphernalia charge.
In addition to simple possession offenses, many states have created offenses called possession with intent to sell, or possession with intent to distribute. These are more serious than simple possession and are generally not covered here. However, possessing more than a certain amount of a controlled substance may trigger an automatic assumption that the defendant possessed it with an intent to sell or distribute it, or “traffic” in it. This survey points out certain state laws that escalate possession to trafficking or similarly serious charges based only on the amount possessed, without further evidence suggesting an intent to sell.
Click on a state below to learn more about drug possession crimes, potential penalties, and related issues that might affect defendants there. To fully understand the details of the laws and how they may apply to your specific situation, you should contact a criminal defense lawyer without delay. You might have defenses of which you are unaware.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
Alabama Drug Possession Laws
Alabama Code Section 13A-12-212 describes the basic offense of unlawful possession of controlled substances. Section 13A-12-214 covers marijuana possession for personal use, while Section 13A-12-214.1 covers possession of salvia divinorum or salvinorum A.
Section 13A-13-211 provides that possessing more than certain amounts of certain controlled substances will be charged as possession with intent to distribute, which carries greater penalties. These amounts include 8-28 grams of cocaine, 2-4 grams of morphine or opium (or heroin or fentanyl-containing mixture), 8-28 grams of MDMA or MMDA, 8-28 grams of amphetamine or methamphetamine, or 0.5-1 grams of fentanyl as a single component.
Moreover, Section 13A-12-231 provides that possessing more than certain amounts of certain controlled substances will be charged as trafficking, which carries mandatory minimum prison terms. These amounts include one kilo of cannabis, 28 grams of cocaine, four grams of morphine or opium (or heroin or fentanyl-containing mixture), 1,000 pills or capsules of methaqualone, 500 pills or capsules of hydromorphone, 28 grams of MDMA or MMDA, four grams of PCP or LSD, 28 grams of amphetamine or methamphetamine, or one gram of fentanyl as a single component.
| Offense | Classification | Penalties |
|---|---|---|
| General possession | Class D felony | 1 year, 1 day to 5 years; up to $7,500 fine |
| Marijuana | Class A misdemeanor | Up to 1 year; up to $6,000 fine |
| Salvia divinorum or salvinorum A | Class A misdemeanor | Up to 1 year; up to $6,000 fine |
Section 12-23-5 allows certain qualifying defendants who have been charged with a drug possession offense and who have no prior drug felony convictions to ask to enroll in a drug abuse treatment program instead of facing prosecution. The district attorney has the discretion to decide whether to grant this request and defer prosecution.
Section 12-23A-4 authorizes a network of drug courts to process drug offenders. If an offender successfully completes the program, the judge will dispose of their case in the manner prescribed by the agreement under which they entered the program. This may include withholding charges, ordering probation or deferred or suspended sentencing, or ordering a reduced period of incarceration.
Alaska Drug Possession Laws
Alaska Statutes Section 11.71.030 provides that third-degree misconduct involving a controlled substance may be charged when someone possesses a Schedule IA or IIA controlled substance with reckless disregard that the possession occurs on or within 500 feet of school grounds, at or within 500 feet of a recreation or youth center, or on a school bus. Section 11.71.040 provides that fourth-degree misconduct involving a controlled substance may be charged when someone possesses any amount of a Schedule IA controlled substance listed in Section 11.71.140(e), or possesses a Schedule IIIA, IVA, VA, or VIA controlled substance with reckless disregard that the possession occurs on or within 500 feet of school grounds, at or within 500 feet of a recreation or youth center, or on a school bus.
Section 11.71.050 provides that fifth-degree misconduct involving a controlled substance may be charged when someone possesses a Schedule IA, IIA, IIIA, IVA, or VA controlled substance outside the locations described above, or possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more containing a Schedule VIA controlled substance outside the locations described above. Section 11.71.060 provides that sixth-degree misconduct involving a controlled substance may be charged when someone uses or displays any amount of a Schedule VIA controlled substance, or possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than one ounce containing a Schedule VIA controlled substance. Laws involving Schedule VIA controlled substances contain explicit exceptions for conduct authorized by marijuana-specific laws.
Note that Alaska is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| Third-degree misconduct involving a controlled substance | Class B felony | Up to 10 years (generally 1-3 years for first offenders); up to $100,000 fine |
| Fourth-degree misconduct involving a controlled substance | Class C felony | Up to 5 years (generally 0-2 years for first offenders); up to $50,000 fine |
| Fifth-degree misconduct involving a controlled substance | Class A misdemeanor | Up to 1 year; up to $25,000 fine |
| Sixth-degree misconduct involving a controlled substance | Class B misdemeanor | Up to 90 days; up to $2,000 fine |
Section 11.71.305 provides that a defendant convicted of a drug crime related to their personal use of a controlled substance may be committed to the custody of the Department of Corrections for rehabilitative treatment for up to a year. This may replace a fine or imprisonment if the imprisonment would not have exceeded a year.
The Alaska Courts website provides information about the therapeutic court model, which includes drug courts.
Arizona Drug Possession Laws
Arizona provides separate laws for possessing different types of drugs, ranging from narcotic drugs and dangerous drugs to prescription drugs, marijuana, and peyote. Arizona Revised Statutes Section 13-3401 lists the substances that are considered narcotic drugs or dangerous drugs, as well as defining prescription drugs. A person has a defense to possession of peyote if their use was connected to the bona fide practice of a religious belief, an integral part of a religious exercise, and not dangerous to public health, safety, or morals.
Section 13-3411 further provides that it is unlawful to possess or use marijuana, peyote, dangerous drugs, or narcotic drugs in a drug-free school zone. Someone who violates this law is guilty of the same class of felony as if the violation had occurred elsewhere, but the presumptive, minimum, and maximum sentences are increased by one year. In addition, the court will order someone who violates this section to pay a fine of at least $2,000 or three times the value of the drugs involved, whichever is greater.
Note that Arizona is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| Narcotic drugs | Class 4 felony | Generally 1.5-3 years (2.5 years presumptive) for first offenders; up to $150,000 fine |
| Dangerous drugs | Class 4 felony | Generally 1.5-3 years (2.5 years presumptive) for first offenders; up to $150,000 fine |
| Prescription drugs | Class 1 misdemeanor | Up to 6 months; up to $2,500 fine |
| Marijuana (4 or more pounds) | Class 4 felony | Generally 1.5-3 years (2.5 years presumptive) for first offenders; up to $150,000 fine |
| Marijuana (2-4 pounds) | Class 5 felony | Generally 0.75-2 years (1.5 years presumptive) for first offenders; up to $150,000 fine |
| Marijuana (2.5 ounces-2 pounds) | Class 6 felony | Generally 0.5-1.5 years (1 year presumptive) for first offenders; up to $150,000 fine |
| Marijuana (1-2.5 ounces) | Petty offense | No jail time; up to $300 fine |
| Peyote | Class 6 felony | Generally 0.5-1.5 years (1 year presumptive) for first offenders; up to $150,000 fine |
Section 13-3422 provides an opportunity for dismissal for a defendant who has been convicted of possessing marijuana, a prescription drug, a dangerous drug, or a narcotic drug. If they are assigned to the drug court program and subsequently found guilty of the offense, and probation is otherwise available, the court may defer further proceedings without a judgment of guilt and place them on probation. If they fulfill the terms and conditions of probation, the court may discharge them and dismiss the proceedings against them.
The Arizona Judicial Branch provides information about its drug courts, which are part of its specialty courts.
Arkansas Drug Possession Laws
Arkansas Revised Code Section 5-64-419 provides the penalties for possession of a controlled substance. These depend on the type of substance and the amount in the defendant’s possession. For certain offenses, the penalties increase if the defendant has four or more prior convictions. Possession of a controlled substance by someone who is an inmate in a detention facility increases the level of the offense charged as well. Section 5-64-411 further provides that possessing a controlled substance leads to an additional 10-year term of imprisonment if the offense was a Class C felony or greater, and the offense was committed within 1,000 feet of a city or state park, a school, a drug or alcohol treatment facility, a day care, a church, or certain other locations.
Section 5-64-440 provides that possessing more than certain amounts of certain controlled substances is considered trafficking. These are 200 grams or more of methamphetamine or cocaine, 200 grams or more of another Schedule I or II controlled substance, 400 grams or more of a Schedule III controlled substance, 800 grams or more of a Schedule IV or V controlled substance, or 500 pounds or more of a Schedule VI controlled substance.
| Offense | Classification | Penalties |
|---|---|---|
| Methamphetamine / cocaine (less than 2 grams) | Class D felony | Up to 6 years; up to $10,000 fine |
| Methamphetamine / cocaine (2-10 grams) | Class C felony | 3-10 years; up to $10,000 fine |
| Methamphetamine / cocaine (10-200 grams) | Class B felony | 5-20 years; up to $15,000 fine |
| Schedule I or II other than methamphetamine / cocaine (less than 2 grams) | Class D felony | Up to 6 years; up to $10,000 fine |
| Schedule I or II other than methamphetamine / cocaine (2-28 grams) | Class C felony | 3-10 years; up to $10,000 fine |
| Schedule I or II other than methamphetamine / cocaine (28-200 grams) | Class B felony | 5-20 years; up to $15,000 fine |
| Schedule III (less than 2 grams) | Class A misdemeanor | Up to 1 year; up to $2,500 fine |
| Schedule III (2-28 grams) | Class D felony | Up to 6 years; up to $10,000 fine |
| Schedule III (28-200 grams) | Class C felony | 3-10 years; up to $10,000 fine |
| Schedule III (200-400 grams) | Class B felony | 5-20 years; up to $15,000 fine |
| Schedule IV or V (less than 28 grams) | Class A misdemeanor | Up to 1 year; up to $2,500 fine |
| Schedule IV or V (28-200 grams) | Class D felony | Up to 6 years; up to $10,000 fine |
| Schedule IV or V (200-400 grams) | Class C felony | 3-10 years; up to $10,000 fine |
| Schedule IV or V (400-800 grams) | Class B felony | 5-20 years; up to $15,000 fine |
| Schedule VI (less than 4 ounces) | Class A misdemeanor | Up to 1 year; up to $2,500 fine |
| Schedule VI (4 ounces-10 pounds) | Class D felony | Up to 6 years; up to $10,000 fine |
| Schedule VI (10-25 pounds) | Class C felony | 3-10 years; up to $10,000 fine |
| Schedule VI (25-100 pounds) | Class B felony | 5-20 years; up to $15,000 fine |
| Schedule VI (100-500 pounds) | Class A felony | 6-30 years; up to $15,000 fine |
Section 16-98-303 provides that a drug court program judge may order the dismissal of a case and the sealing of the record if the offender has successfully completed a drug court program, they have received aftercare programming, the drug court program judge has received a recommendation from the prosecutor for dismissal of the case and the sealing of the record, and the drug court program judge determines in view of the offender’s past criminal history that dismissing the case and sealing the record are appropriate.
The Arkansas Judiciary provides a description of the adult drug courts in the state, which are part of its specialty court programs.
California Drug Possession Laws
California Health and Safety Code Section 11350 covers the possession of numerous substances that were formerly classified as narcotics. These include certain enumerated drugs in Schedule I, II, or III, as well as any controlled substance classified in Schedule III, IV, or V that is a narcotic drug. Meanwhile, Section 11377 covers the possession of numerous substances that were formerly classified as restricted dangerous drugs. These include any controlled substance in Schedule III, IV, or V that is not a narcotic drug, as well as certain enumerated drugs in Schedule I, II, or III. Section 11357 specifically covers cannabis.
Note that California is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| Controlled substances formerly classified as narcotics | Misdemeanor | Up to 1 year; up to $70 fine; up to $1,000 fine under Penal Code Section 672; up to $20,000 fine under Health and Safety Code Section 11372 |
| Controlled substances formerly classified as restricted dangerous drugs | Misdemeanor | Up to 1 year; up to $70 fine; up to $1,000 fine under Penal Code Section 672 |
| Cannabis (more than 28.5 grams) | Misdemeanor | Up to 6 months; up to $500 fine |
| Synthetic cannabinoid compounds | Infraction | No jail time; up to $250 fine |
Many defendants charged with drug possession may benefit from a pre-trial diversion program specific to drug offenders. Penal Code Section 1000 describes the basic eligibility requirements for this program. If the defendant successfully completes the program and gets a positive recommendation from the program authority, they can get the charge dismissed. This will occur 12-18 months after the defendant is referred to the program. Upon successful completion of the program, the arrest on which the defendant was diverted will be deemed to have never occurred, and the court may issue an order to seal the records related to the arrest.
The Judicial Branch of California provides information about how the drug courts in the state function.
Colorado Drug Possession Laws
Colorado Code Section 18-18-403.5 imposes special rules for possessing certain types of substances. These include flunitrazepam, ketamine, GHB, cathinones, fentanyl, carfentanil, benzimidazole opiate, or more than four grams of a Schedule I or II controlled substance. All other types of drug possession are treated similarly.
Section 18-18-406 provides separate rules for marijuana. Section 18-18-406.1 covers the possession of synthetic cannabinoids or salvia divinorum.
Note that Colorado is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| Flunitrazepam / ketamine / GHB / cathinones | Level 4 drug felony | Presumptive 6 months-1 year plus 1 year of parole; $1,000-$100,000 fine |
| Material containing fentanyl / carfentanil / benzimidazole opiate in any quantity (1-4 grams) | Level 4 drug felony (level 1 drug misdemeanor if defendant reasonably didn’t know that the material contained the controlled substance) | Presumptive 6 months-1 year plus 1 year of parole; $1,000-$100,000 fine |
| Material containing fentanyl / carfentanil / benzimidazole opiate in any quantity (1 gram or less) | Level 1 drug misdemeanor | 6-18 months; $500-$5,000 fine |
| Material containing fentanyl / carfentanil / benzimidazole opiate that comprises more than 60% of total composition of material | Level 2 drug felony | Presumptive 4-8 years plus 2 years of parole; $3,000-$750,000 fine |
| Schedule I or II (more than 4 grams) | Level 4 drug felony | Presumptive 6 months-1 year plus 1 year of parole; $1,000-$100,000 fine |
| Schedule I or II (4 or fewer grams) | Level 1 drug misdemeanor | 6-18 months; $500-$5,000 fine |
| Schedule IIl, IV, or V other than flunitrazepam, ketamine, or GHB | Level 1 drug misdemeanor | 6-18 months; $500-$5,000 fine |
| Marijuana (2-6 ounces) | Level 2 drug misdemeanor | 0-364 days; $50-$750 fine |
| Marijuana (more than 6 ounces) | Level 1 drug misdemeanor | 6-18 months; $500-$5,000 fine |
| Synthetic cannabinoids or salvia divinorum | Level 2 drug misdemeanor | 0-364 days; $50-$750 fine |
Section 18-1.3-104.5 limits the imposition of prison sentences for level 4 drug felonies, which include some possession offenses. Before sentencing a defendant to the Department of Corrections for a level 4 drug felony, the court must exhaust all reasonable and appropriate alternative sentences, considering factors provided by the statute. For example, it must determine that all other reasonable and appropriate sanctions and responses have been tried and failed, do not appear likely to succeed, or present an unacceptable risk to public safety.
The Colorado Judicial Branch provides information about the adult drug court programs throughout the state.
Connecticut Drug Possession Laws
Connecticut General Statutes Section 21a-279 describes the basic offense of possessing a controlled substance. Section 21a-279a provides specific rules for cannabis possession.
Note that Connecticut is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| General possession | Class A misdemeanor | Up to 1 year; up to $2,000 fine |
| Cannabis (1.5-5 ounces) | Civil offense | No jail time; $100 fine |
| Cannabis (5 ounces or more) | Civil offense | No jail time; $500 fine |
Section 54-56i describes a pre-trial drug education and community service program for people charged with violating the drug possession laws. This includes a 15-session drug education program and a substance abuse treatment program of at least 15 sessions, as well as community service. If an offender satisfactorily completes the assigned program, they may apply for dismissal of the charges against them. If the court finds that the record shows their satisfactory completion, the charges will be dismissed.
Section 51-181b describes the drug court system, which involves a docket separate from other criminal matters for those in which a defendant is a drug-dependent person. This is available to offenders who could benefit from placement in a substance abuse treatment program. The Connecticut Judicial Branch provides more details about how the drug intervention program works.
Delaware Drug Possession Laws
16 Delaware Code Section 4751C outlines three quantity tiers for serious drug offenses. The level of a drug possession charge thus depends on whether the amount that a defendant possessed fell within a certain quantity tier, and which tier it was. Section 4751D provides that knowledge of the weight or quantity of the substance is not an element of the offense. Separate laws cover the illegal possession of prescription drugs that are not controlled substances, as well as the possession of marijuana.
Note that Delaware is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| Tier 3 quantity | Class B felony | 2-25 years; fine as court deems appropriate |
| Tier 2 quantity | Class E felony | Up to 5 years; fine as court deems appropriate |
| Tier 1 quantity | Class G felony | Up to 2 years; fine as court deems appropriate |
| General possession of controlled substances (not in a quantity tier) | Class B misdemeanor | Up to 6 months; up to $1,150 fine |
| Illegal possession of non-controlled prescription drugs | Unclassified misdemeanor | Up to 30 days; up to $575 fine |
| Marijuana (1 ounce-175 grams) | Unclassified misdemeanor | Up to 3 months; up to $575 fine |
Section 4767 describes the first offenders controlled substances diversion program. This may be available at the time of arraignment to someone who has not previously been convicted of a drug crime and has not previously been given first offender treatment. Under this program, the court defers further proceedings without entering a judgment of guilt and places the defendant on probation for at least 18 months. If the defendant fulfills the terms and conditions of probation, including paying costs and fees and performing required community service, the court will discharge them and dismiss the proceedings against them.
Florida Drug Possession Laws
Florida Statutes Section 893.13(6) outlines crimes involving drug possession. These are generally felonies, but possessing a Schedule V substance or a small amount of cannabis is charged as a misdemeanor.
Section 893.135 provides that possessing more than certain amounts of certain substances enumerated in the statute results in a trafficking charge, which is very serious. These charges are subject to mandatory minimum terms of imprisonment, which means that a judge has no discretion to order a shorter sentence. Amounts that may trigger a trafficking charge include more than 25 pounds of cannabis, 28 grams of cocaine, four grams of morphine or opium, 14 grams of amphetamine, and one gram of LSD, among many other similar provisions.
| Offense | Classification | Penalties |
|---|---|---|
| General possession | Third-degree felony | Up to 5 years; up to $5,000 fine |
| 20 grams or less of cannabis | First-degree misdemeanor | Up to 1 year; up to $1,000 fine |
| 10 or more grams of substance in (1)(a), (1)(b), or (2)(b) of Section 893.03 | First-degree felony | Up to 30 years; up to $10,000 fine |
| Schedule V substance | Second-degree misdemeanor | Up to 60 days; up to $500 fine |
Section 948.20 provides for drug offender probation for many possession offenses when the defendant is a chronic substance abuser. This allows the court to stay and withhold the imposition of sentence and place the defendant on drug offender probation or into a post-adjudicatory treatment-based drug court program if the defendant otherwise qualifies. (Section 397.334 authorizes and describes treatment-based drug court programs.)
Section 948.08 further provides that a defendant is eligible for admission into a pre-trial substance abuse education and treatment intervention program, including a treatment-based drug court program, for at least one year if they have a substance abuse problem and are amenable to treatment, as well as meeting other requirements. The court will dismiss the charges upon a finding that the defendant has successfully completed the pre-trial intervention program.
The Florida Courts website provides information about the adult drug courts in the state.
Georgia Drug Possession Laws
Georgia Code 16-13-30 outlines drug possession offenses, which are generally treated as felonies. Penalties vary depending on how the substance at issue is classified and how much the defendant possessed. Section 16-13-31 further provides that possessing more than certain amounts of certain controlled substances may lead to trafficking charges, which are more serious. For example, possessing 28 grams of cocaine, four grams of morphine or opium, 28 grams of methamphetamine or amphetamine, or more than 10 pounds of marijuana may lead to a trafficking charge.
| Offense | Classification | Penalties |
|---|---|---|
| Schedule I or narcotic drug in Schedule II (less than 1 gram) | Felony | 1-3 years; up to $100,000 fine |
| Schedule I or narcotic drug in Schedule II (1-4 grams) | Felony | 1-8 years; up to $100,000 fine |
| Schedule I or narcotic drug in Schedule II (4-28 grams) | Felony | 1-15 years; up to $100,000 fine |
| Non-narcotic drug in Schedule II (less than 2 grams) | Felony | 1-3 years; up to $100,000 fine |
| Non-narcotic drug in Schedule II (2-4 grams) | Felony | 1-8 years; up to $100,000 fine |
| Non-narcotic drug in Schedule II (4-28 grams) | Felony | 1-15 years; up to $100,000 fine |
| Schedule III / IV / V | Felony | 1-3 years; up to $100,000 fine |
| Flunitrazepam (less than 2 grams) | Felony | 1-3 years; up to $100,000 fine |
| Flunitrazepam (2-4 grams) | Felony | 1-8 years; up to $100,000 fine |
| Flunitrazepam (4 grams or more) | Felony | 1-15 years; up to $100,000 fine |
| Marijuana (1 ounce or less) | Misdemeanor | Up to 12 months; up to $1,000 fine (or public works up to 12 months) |
| Marijuana (more than 1 ounce) | Felony | 1-10 years; up to $100,000 fine |
Section 16-13-2 provides that a first-time offender who pleads guilty to drug possession or is found guilty of drug possession may be eligible for deferred proceedings and probation. The terms of probation are left to the discretion of the court but generally will require the person to undergo a comprehensive rehabilitation program, including medical treatment if needed. If the person fulfills the terms and conditions of the program, the court will discharge them and dismiss the proceedings, and this will not be considered a conviction. This law also makes it a misdemeanor to possess one ounce or less of marijuana.
Section 17-10-5 further provides that a judge has the discretion to impose punishment as for a misdemeanor when a defendant is found guilty of a felony that is punishable by imprisonment for a maximum of 10 years or less.
In addition, Section 15-1-15 authorizes courts to establish a drug court division as an alternative to the traditional judicial system. If a defendant meets the eligibility criteria, a court may assign the case to the drug court division before the entry of the sentence or as part of the sentence. If a participant successfully completes the program prior to the entry of judgment, the case against them may be dismissed. If a participant successfully completes the program as part of a sentence, their sentence may be reduced or modified.
The Council of Accountability Court Judges of Georgia provides information about the drug courts in the state.
Hawaii Drug Possession Laws
Hawaii Revised Statutes Section 712-1240 provides definitions for dangerous drugs, harmful drugs, and detrimental drugs. In general, dangerous drugs are Schedule I or II substances, harmful drugs are Schedule III or IV substances, and detrimental drugs are Schedule V substances, in addition to marijuana. Possession offenses are generally characterized as “promoting” a dangerous, harmful, or detrimental drug. Distinctive rules apply to “commercially promoting” marijuana, which may be charged based on possession in substantial amounts.
| Offense | Classification | Penalties |
|---|---|---|
| Methamphetamine / heroin / morphine / cocaine (1 ounce or more), or any other dangerous drugs (1.5 ounces or more) | Class A felony | Up to 20 years; up to $50,000 fine |
| Methamphetamine / heroin / morphine / cocaine (⅛ ounce or more), or any other dangerous drugs (¼ ounce or 25 capsules or more) | Class B felony | Up to 10 years; up to $25,000 fine |
| Dangerous drugs (any amount) | Class C felony | 1-5 years; up to $10,000 fine |
| Harmful drug or marijuana concentrate (1 ounce or 100 capsules or more) | Class A felony | Up to 20 years; up to $50,000 fine |
| Harmful drug or marijuana concentrate (⅛ ounce or 50 capsules or more) | Class B felony | Up to 10 years; up to $25,000 fine |
| Harmful drug or marijuana concentrate (25 capsules or more) | Class C felony | 1-5 years; up to $10,000 fine |
| Harmful drug (any amount) | Misdemeanor | Up to 1 year; up to $2,000 fine |
| Schedule V (1 ounce or 400 capsules or more) / marijuana (1 pound or more) | Class C felony | 1-5 years; up to $10,000 fine |
| Schedule V (⅛ ounce or 50 capsules or more) / marijuana (1 ounce or more) | Misdemeanor | Up to 1 year; up to $2,000 fine |
| Schedule V / marijuana (any amount) | Petty misdemeanor (3 grams or less of marijuana is a violation) | Up to 30 days; up to $1,000 fine (no imprisonment and $130 fine for 3 grams or less of marijuana) |
| Marijuana (25 pounds or more) | Class A felony | Up to 20 years; up to $50,000 fine |
| Marijana (2-25 pounds) | Class B felony | Up to 10 years; up to $25,000 fine |
Section 706-622.5 provides that first or second drug possession felony convictions may be eligible for probation if certain criteria are met. If an offender successfully completes probation, including a substance abuse treatment program, they can get the conviction expunged if they were not previously sentenced under this law.
Section 712-1255 makes a conditional discharge available for certain types of possession offenses if the defendant was not previously convicted of a drug crime. This means that the court may defer further proceedings and place the defendant on probation. If they fulfill the terms and conditions of probation, the court will discharge them and dismiss the proceedings against them without adjudication of guilt.
Idaho Drug Possession Laws
Idaho Code Section 37-2732 defines the offenses involving possession of controlled substances. Section 37-2732A creates an exception for the sacramental use of peyote in Native American religious ceremonies. Section 37-2732B provides that possessing certain amounts of certain controlled substances will lead to trafficking charges, which are subject to mandatory minimum sentences. For example, possessing one pound or more of marijuana, 28 grams or more of cocaine, 28 grams or more of methamphetamine, or two grams or more of heroin may lead to trafficking charges.
| Offense | Classification | Penalties |
|---|---|---|
| Narcotic drug in Schedule I / controlled substance in Schedule II | Felony | Up to 7 years; up to $15,000 fine |
| Non-narcotic drug in Schedule I (except LSD) / controlled substance in Schedules III-VI | Misdemeanor | Up to 1 year; up to $1,000 fine |
| LSD | Felony | Up to 3 years; up to $5,000 fine |
| Marijuana over 3 ounces | Felony | Up to 5 years; up to $10,000 fine |
Section 37-2738 allows a court to enter a withheld judgment in certain drug possession cases. In general, the court must find by a preponderance of the evidence that the defendant has no prior finding of guilt for certain types of crimes, the court has an abiding conviction that the defendant will successfully complete the terms of probation, and the defendant has cooperated with law enforcement in the prosecution of drug crimes in which the defendant was involved. However, these requirements do not apply to a defendant who has been admitted to a problem solving court program approved by the drug court and mental health court coordinating committee and is participating in that program.
Section 19-5603 provides statutory authority for the Idaho drug courts, which are meant to divert people with substance abuse issues who are involved in the criminal justice system from prison or jail into treatment.
The Idaho Judicial Branch provides information about the treatment courts in the state, which include the drug courts.
Illinois Drug Possession Laws
720 Illinois Compiled Statutes Section 570/402 outlines the penalties for most forms of drug possession, which vary greatly depending on the substance and amount involved. Meanwhile, Section 550/4 provides penalties for cannabis possession. Section 646/60 provides penalties for methamphetamine possession.
Note that Illinois is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| Heroin / cocaine / morphine / LSD / substances in certain subsections of Section 570/204 (15-100 grams) | Class 1 felony | 4-15 years; up to $200,000 fine |
| Heroin / cocaine / morphine / LSD / substances in certain subsections of Section 570/204 (100-400 grams) | Class 1 felony | 6-30 years; up to $200,000 fine (or full street value of drugs if greater) |
| Heroin / cocaine / morphine / LSD / substances in certain subsections of Section 570/204 (400-900 grams) | Class 1 felony | 8-40 years; up to $200,000 fine (or full street value of drugs if greater) |
| Heroin / cocaine / morphine / LSD / substances in certain subsections of Section 570/204 (900 grams or more) | Class 1 felony | 10-50 years; up to $200,000 fine (or full street value of drugs if greater) |
| Peyote / barbituric acid / amphetamine (200 grams or more) | Class 1 felony | 4-15 years; up to $200,000 fine |
| Pentazocine / methaqualone / PCP / ketamine (30 grams or more) | Class 1 felony | 4-15 years; up to $200,000 fine |
| Any other Schedule I or II narcotic drug (200 grams or more) | Class 1 felony | 4-15 years; up to $200,000 fine |
| Any controlled substance not covered above (other than methamphetamine, cannabis, or anabolic steroid) | Class 4 felony | 1-3 years; up to $25,000 fine |
| Anabolic steroid | Class C misdemeanor | Up to 30 days: $75-$1,500 fine |
| Cannabis (30-100 grams) | Class A misdemeanor | Less than 1 year; $75-$2,500 fine |
| Cannabis (100-500 grams) | Class 4 felony | 1-3 years; $75-$25,000 fine |
| Cannabis (500-2,000 grams) | Class 3 felony | 2-5 years; $75-$25,000 fine |
| Cannabis (2,000-5,000 grams) | Class 2 felony | 3-7 years; $75-$25,000 fine |
| Cannabis (more than 5,000 grams) | Class 1 felony | 4-15 years; $75-$25,000 fine |
| Methamphetamine (less than 5 grams) | Class 3 felony | 2-5 years; $75-$25,000 fine |
| Methamphetamine (5-15 grams) | Class 2 felony | 3-7 years; $75-$25,000 fine |
| Methamphetamine (15-100 grams) | Class 1 felony | 4-15 years; $75-$25,000 fine |
| Methamphetamine (100-400 grams) | Class X felony | 6-30 years; up to $100,000 fine |
| Methamphetamine (400-900 grams) | Class X felony | 8-40 years; up to $200,000 fine |
| Methamphetamine (900 or more grams) | Class X felony | 10-50 years; up to $300,000 fine |
Section 570/410 provides that defendants who are guilty of various drug possession offenses and have not previously been convicted of a drug felony may be sentenced to probation. When a defendant is placed on probation, the court will specify a two-year period of probation and will defer further proceedings until the end of the period (or until the filing of a petition alleging a probation violation). If the offender fulfills the terms and conditions of probation, the court will discharge them and dismiss the proceedings against them. A person may obtain no more than one discharge and dismissal through this process in a four-year period.
In addition, 730 ILCS Section 166/15 authorizes the creation of specialized drug courts. If a participant successfully completes the terms and conditions of the program, the court may dismiss the original charges against them, terminate their sentence, or otherwise discharge them from any further proceedings against them.
The Illinois Association of Problem-Solving Courts provides information about these courts, which include drug courts.
Indiana Drug Possession Laws
Indiana Code Section 35-48-4-7 describes the general offense of possession of a controlled substance. Separate laws cover the possession of cocaine or narcotic drugs, methamphetamine, and marijuana and related products. Possessing at least 28 grams of various controlled substances may lead to a charge of possession with intent to deliver, regardless of whether any other evidence supports an intent to deliver.
Section 35-48-1-16.5 provides certain enhancing circumstances that can increase the level of a drug possession charge and the associated penalties. These include having a prior conviction for dealing in a controlled substance (other than marijuana, hashish, hash oil, or salvia divinorum), committing the offense while in possession of a firearm, committing the offense on a school bus or within 500 feet of school property while someone under 18 was reasonably expected to be present, committing the offense in a public park while someone under 18 was reasonably expected to be present, committing the offense in the physical presence of a child under 18 while knowing that the child was present, or committing the offense on the property of a penal facility or juvenile facility, among other circumstances.
| Offense | Classification | Penalties |
|---|---|---|
| Cocaine / Schedule I or II narcotic drug / methamphetamine (less than 5 grams) | Level 6 felony | 6 months-2.5 years (advisory sentence: 1 year); up to $10,000 fine |
| Cocaine / Schedule I or II narcotic drug / methamphetamine (5-10 grams) | Level 5 felony | 1-6 years (advisory sentence: 3 years); up to $10,000 fine |
| Cocaine / Schedule I or II narcotic drug / methamphetamine (10-28 grams) | Level 4 felony | 2-12 years (advisory sentence: 6 years); up to $10,000 fine |
| Cocaine / Schedule I or II narcotic drug / methamphetamine (28 grams or more) | Level 3 felony | 3-16 years (advisory sentence: 9 years); up to $10,000 fine |
| Schedule I controlled substances (other than marijuana, hashish, or salvia) / Schedules II-IV controlled substances | Class A misdemeanor | Up to 1 year; up to $5,000 fine |
| Schedule V controlled substance, if various circumstances apply | Class A misdemeanor | Up to 1 year; up to $5,000 fine |
| Marijuana / hash oil / hashish / salvia | Class B misdemeanor | Up to 180 days; up to $1,000 fine |
Section 35-48-4-12 provides for the possibility of a conditional discharge for someone who has no prior conviction of a drug crime and pleads guilty to possession of marijuana, hashish, salvia, or smokable hemp as a misdemeanor. This means that the court will not enter a judgment of conviction but instead will defer further proceedings and place the person in the custody of the court under conditions that it determines. If the person fulfills the conditions of the custody, the court will dismiss the charges.
Section 12-23-14-1 authorizes a system of court alcohol and drug services programs, which are overseen by the Indiana Office of Court Services, formerly the Indiana Judicial Center. The Office of Court Services provides more information about these programs.
Iowa Drug Possession Laws
Iowa Code Section 124.401 generally makes it unlawful to knowingly or intentionally possess a controlled substance. A court must order an offender to serve at least 48 hours of imprisonment for a violation of this law. However, any sentence imposed may be suspended, and the offender may be placed on probation. If an offender is not sentenced to confinement, the terms and conditions of probation must require submission to random drug testing.
If the substance is amphetamine or methamphetamine, the court also must order the offender to serve at least 48 hours of imprisonment. Again, any sentence imposed may be suspended, and the offender may be placed on probation. The court also may place them on intensive probation. The terms and conditions of probation must require submission to random drug testing.
| Offense | Classification | Penalties |
|---|---|---|
| General possession | Serious misdemeanor | Up to 1 year; $430-$2,560 fine |
| Marijuana possession | Serious misdemeanor | Up to 6 months; up to $1,000 fine |
Section 124.409 provides that someone who has been charged with a possession offense or found guilty of a possession offense may be eligible for conditional discharge in certain situations. If the court finds that they are addicted to, dependent on, or a chronic abuser of any controlled substance and that they will be aided by proper medical treatment and rehabilitative services, the court may order them to be committed as an in-patient or out-patient to a facility licensed by the Department of Public Health for medical treatment and rehabilitative services. When the person has received maximum benefit from the program or has recovered, they will be returned to the court for disposition of the case. If they have been convicted or are eventually convicted, the court may remit all or part of their sentence and place them on probation.
The Iowa Judicial Branch provides a directory of specialty courts, which include drug courts.
Kansas Drug Possession Laws
Kansas Statutes Section 21-5706 defines the offense of unlawful possession of controlled substances. Meanwhile, Section 21-5705 creates a rebuttable presumption of an intent to distribute if the defendant possessed 450 grams or more of marijuana, 3.5 grams or more of heroin or methamphetamine, 100 dosage units or more containing a controlled substance, or 100 grams or more of any other controlled substance. Possession with intent to distribute generally leads to harsher penalties.
Section 21-6805 describes the sentencing grid for drug felonies, which is complex and depends on the criminal history of the offender.
| Offense | Classification | Penalties |
|---|---|---|
| Opiates / opium or narcotic drugs / amphetamine / methamphetamine | Drug severity level 5 felony | 10-42 months; up to $100,000 fine |
| Numerous other controlled substances defined in Section 21-5706(b) (excluding marijuana and THC) | Class A non-person misdemeanor | Up to 1 year; up to $2,500 fine |
| Marijuana / THC | Class B non-person misdemeanor | Up to 6 months; up to $1,000 fine |
Section 21-6824 describes the certified drug abuse treatment programs (also known as drug courts) that have been established as a non-prison sanction for certain drug offenders. If an offender meets the criteria for participation in a program, the court will commit them to treatment in the program until the court determines that they are suitable for discharge. The term of treatment must not exceed 18 months.
The Kansas Judicial Branch provides an overview of drug courts in the state.
Kentucky Drug Possession Laws
Kentucky Revised Statutes Section 218A.1415 provides that someone commits first-degree possession of a controlled substance when they possess a narcotic drug in Schedule I or II, methamphetamine, LSD, PCP, GHB, or flunitrazepam. For a defendant’s first or second offense, they may be subject to a period of deferred prosecution or presumptive probation, and deferred prosecution is the preferred alternative for a first offense. Section 218A.1416 defines second-degree possession of a controlled substance as possessing a Schedule I or II substance that is not a narcotic drug (or otherwise specified in Section 218A.1415), or a Schedule III controlled substance. However, this excludes synthetic drugs, salvia, and marijuana. Section 218A.1417 defines third-degree possession of a controlled substance as possessing a controlled substance in Schedule IV or V.
Special rules apply to possession of marijuana, synthetic drugs, or salvia. Possession of eight ounces or more of marijuana is prima facie evidence that the person possessed the marijuana with the intent to sell or transfer it.
| Offense | Classification | Penalties |
|---|---|---|
| First-degree possession of controlled substance | Class D felony | 1-3 years; $1,000-$10,000 fine |
| Second-degree possession of controlled substance | Class A misdemeanor | Up to 12 months; up to $500 fine |
| Third-degree possession of controlled substance | Class A misdemeanor | Up to 12 months; up to $500 fine |
| Marijuana | Class B misdemeanor | Up to 45 days; up to $250 fine |
| Synthetic drugs | Class A misdemeanor | Up to 12 months; up to $500 fine |
| Salvia | Class B misdemeanor | Up to 30 days; up to $250 fine |
Section 218A.275 allows a court to set aside and void a first-time conviction for possession of a controlled substance upon satisfactory completion of treatment, probation, or another sentence. Meanwhile, Section 218A.276 allows a court to set aside and void a conviction of possession of marijuana, synthetic drugs, or salvia upon satisfactory completion of treatment, probation, or another sentence.
Section 26A.400 gives authority to the Kentucky Supreme Court to administer drug court programs. The Kentucky Court of Justice provides more details about how drug court works.
Louisiana Drug Possession Laws
Louisiana defines drug possession offenses according to the schedule of the drug involved. Louisiana Revised Statutes Section 40:966 describes offenses involving Schedule I substances, while Section 40:967 covers Schedule II, Section 40:968 covers Schedule III, Section 40:969 covers Schedule IV, and Section 40:970 covers Schedule V. Section 40:981.3 imposes harsher penalties for violations in drug free zones, such as places within 2,000 feet of school or drug treatment facility property, as well as places within 2,000 feet of religious building property, public housing authority property, or child day care center property if certain conditions are met.
Possessing 2.5 pounds or more of marijuana, THC, or synthetic cannabinoids exposes a defendant to a drug distribution charge, which carries more serious penalties. This is also true if they possessed 28 grams or more of any other Schedule I controlled substance, or 28 grams or more of a Schedule II controlled substance.
| Offense | Classification | Penalties |
|---|---|---|
| Schedule I, except marijuana / THC / synthetic cannabinoids / heroin (less than 2 grams) | Felony (with or without hard labor) | Up to 2 years; up to $5,000 fine |
| Schedule I, except marijuana / THC / synthetic cannabinoids / heroin (2-28 grams) | Felony (with or without hard labor) | 1-10 years; up to $5,000 fine |
| Marijuana / THC (14 grams or less) | Misdemeanor | No jail time; up to $100 fine |
| Marijuana / THC (more than 14 grams) | Misdemeanor | Up to 6 months; up to $500 fine |
| Synthetic cannabinoids | Misdemeanor | Up to 6 months; up to $500 fine |
| Heroin (less than 2 grams) | Felony (with or without hard labor) | 2-4 years |
| Heroin (2-28 grams) | Felony (with or without hard labor) | 2-10 years; up to $5,000 fine |
| Schedule II, except PCP and fentanyl (less than 2 grams) | Felony (with or without hard labor) | Up to 2 years; up to $5,000 fine |
| Schedule II, except PCP and fentanyl (2-28 grams) | Felony (with or without hard labor) | 1-5 years; up to $5,000 fine |
| PCP (less than 28 grams) | Felony (hard labor) | 1-20 years (at hard labor); up to $5,000 fine |
| Fentanyl (less than 2 grams) | Felony (with or without hard labor) | 2-4 years |
| Fentanyl (2-28 grams) | Felony (with or without hard labor) | 2-10 years; up to $5,000 fine |
| Schedule III | Felony (with or without hard labor) | 1-5 years; up to $5,000 fine |
| Schedule IV, except flunitrazepam | Felony (with or without hard labor) | 1-5 years; up to $5,000 fine |
| Flunitrazepam | Felony (with or without hard labor) | 1-10 years; up to $5,000 fine |
| Schedule V | Felony (with or without hard labor) | 1-5 years; up to $5,000 fine |
Section 13:5304 provides that a defendant in a drug possession case may be eligible to participate in a drug division probation program (often known as a drug court) if certain criteria are satisfied. Under Section 13:5305, the court may defer proceedings and place a person eligible for participation in a drug division program on probation when it appears that the best interests of the public and the defendant will be served, and the district attorney approves. If the defendant fulfills the terms and conditions of probation, the court will discharge the defendant and dismiss the proceedings against them.
The Louisiana Supreme Court provides information about how drug courts work in Louisiana.
Maine Drug Possession Laws
17-A Maine Revised Statutes Section 1107-A defines drug possession as intentionally or knowingly possessing what the defendant knows or believes to be a scheduled drug, which is in fact a scheduled drug. The classification of each offense and the resulting penalties depend on the type and amount of the drug, as well as the prior record of the offender in some cases. Section 1102 defines the drug schedules, which are known as Schedules W, X, Y, and Z, with W being the most dangerous drugs.
Proof of possessing certain scheduled drugs in at least a certain quantity gives rise to a permissible inference that a defendant was trafficking in those drugs, which carries harsher penalties. These quantities include more than one pound of marijuana, 14 grams or more of cocaine, four grams or more of heroin, four grams or more of fentanyl powder, 2,500 micrograms or more of LSD, 14 grams or more of methamphetamine, 90 or more pills, capsules, tablets, vials, ampules, syringes, or units containing a narcotic drug other than heroin, any quantity of substances that contains 800 mg or more of oxycodone or 100 mg or more of hydromorphone, and 14 grams or more of MDMA.
Note that Maine is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| Cocaine / methamphetamine (more than 14 grams) + prior drug conviction | Class B crime | Up to 10 years; up to $20,000 fine |
| Heroin / oxycodone / hydrocodone / hydromorphone / methamphetamine / fentanyl powder (more than 200 mg) | Class C crime | Up to 5 years; up to $5,000 fine |
| Cocaine (more than 2 grams) | Class C crime | Up to 5 years; up to $5,000 fine |
| Heroin / cocaine / oxycodone / hydrocodone / hydromorphone / methamphetamine / fentanyl powder + any of certain serious prior drug convictions | Class C crime | Up to 5 years; up to $5,000 fine |
| Schedule W other than those listed above | Class D crime | Less than 1 year; up to $2,000 fine |
| Schedule X | Class D crime | Less than 1 year; up to $2,000 fine |
| Schedule Y | Class E crime | Up to 6 months; up to $1,000 fine |
| Schedule Z (except marijuana) | Class E crime | Up to 6 months; up to $1,000 fine |
| Marijuana (2.5-8 ounces) | Class E crime | Up to 6 months; up to $1,000 fine |
| Marijuana (8-16 ounces) | Class D crime | Less than 1 year; up to $2,000 fine |
| Marijuana (1-20 pounds) | Class C crime | Up to 5 years; up to $5,000 fine |
| Marijuana (over 20 pounds) | Class B crime | Up to 10 years; up to $20,000 fine |
Section 1901 provides that someone who has pleaded guilty to a Class B drug crime or a Class C, D, or E crime (which covers all drug possession offenses) may be eligible for deferred disposition. This means that the court orders sentencing deferred and imposes requirements on the offender during the period of deferment that will help them lead a law-abiding life. When the period of deferment ends, the court will impose a sentencing alternative on the offender if they demonstrate by a preponderance of the evidence that they have complied with the court-imposed deferment requirements.
4 Maine Revised Statutes Section 421 authorizes the creation of substance use disorder treatment programs in superior courts and district courts. Their goals include reducing substance use and dependency and reducing overcrowding in prisons. The Maine Judicial Branch provides information about how these adult treatment and recovery courts work.
Maryland Drug Possession Laws
Maryland Criminal Law Code Section 5-601 broadly prohibits possessing a controlled dangerous substance. Special rules apply to cannabis.
Section 5-612 further provides that possessing more than certain amounts of certain controlled substances is punishable by a mandatory minimum prison sentence. These include 50 pounds of marijuana, 448 grams of cocaine, 28 grams of morphine or opium, five grams of fentanyl, 1,000 dosage units of LSD, 16 ounces of PCP in liquid form, 448 grams of PCP, and 448 grams of methamphetamine.
Note that Maryland is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| General possession | Misdemeanor | Up to 1 year; up to $5,000 fine |
| Cannabis (more than 2.5 ounces) | Misdemeanor | Up to 6 months; up to $1,000 fine |
| Cannabis (1.5-2.5 ounces) | Civil offense | No jail time; up to $250 fine |
| Huge amounts under Section 5-612 | Felony | At least 5 years; up to $100,000 fine |
Before imposing a sentence for drug possession, the court may order an assessment of the defendant for substance use disorder and determine whether they need and may benefit from drug treatment. If an assessment is performed, the court will consider the results when imposing the defendant’s sentence. The court may impose a term of imprisonment and order the Division of Correction or local correctional facility to facilitate the medically appropriate level of treatment for the defendant. Alternatively, the court will suspend the sentence and order probation, while requiring the Maryland Department of Health or a designee to provide the medically appropriate level of treatment if the assessment shows that the defendant needs substance abuse treatment.
The Maryland Judiciary provides information about drug treatment courts and their differences from traditional courts.
Massachusetts Drug Possession Laws
Massachusetts General Laws Chapter 94C Section 34 covers the unlawful possession of controlled substances. Special rules apply to heroin, marijuana, and Class E substances.
Note that Massachusetts is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| General possession | Misdemeanor | Up to 1 year; up to $1,000 fine |
| Heroin | Misdemeanor | Up to 2 years; up to $2,000 fine |
| Marijuana (more than 2 ounces outside home / more than 10 ounces at home) | Misdemeanor | Up to 6 months; up to $500 fine |
| Marijuana (1-2 ounces outside home) | Civil offense | No jail time; up to $100 fine |
| Class E substance | Misdemeanor | Up to 6 months; up to $500 fine |
If someone charged with a possession offense has no previous drug convictions on their record, and they get a continuance or probation, the court may dismiss the proceedings against them at the end of the continuance or probation period if they do not violate any of the conditions of the continuance or probation. This results in the sealing of all official records related to their arrest, indictment, conviction, and other steps in the criminal process.
Someone who is convicted for the first time of possession of marijuana or a Class E substance (the least dangerous type of controlled substance) and who has no previous drug convictions on their record will be placed on probation in most cases. If they successfully complete their probation, the case will be dismissed, and the records will be sealed.
Also, Chapter 111E Section 10 provides that a defendant who is charged with a drug offense is entitled to request an examination to determine whether they are a drug dependent person who would benefit by treatment. If the court determines that this is the case, or if an addiction specialist reports that this is the case, the defendant may request assignment to a treatment facility and have the proceedings stayed for the duration of the assignment. If a defendant in this situation was charged for the first time with a drug possession offense, the court must order that the defendant be assigned to a drug treatment facility. If the defendant successfully completes the treatment program, the court will dismiss the charges against them.
The Massachusetts Court System provides information about drug courts and where they are located in the state.
Michigan Drug Possession Laws
Michigan Compiled Laws Section 333.7403 describes the crime of knowingly or intentionally possessing a controlled substance. Penalties depend on the type of drug and the amount involved. Section 333.7401b covers GBL possession separately.
Section 333.7410 provides that someone who commits certain possession offenses within 1,000 feet of school property or a library may be punished with imprisonment or a fine up to twice the normal authorized sentence. Section 333.7410a adds a two-year enhancement to the sentence for someone who commits certain possession offenses within 1,000 feet of a public or private park.
Note that Michigan is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| Schedule 1 or 2 narcotic drug / cocaine (1,000 grams or more) | Felony | Up to life imprisonment; up to $1 million fine |
| Schedule 1 or 2 narcotic drug / cocaine (450-1,000 grams) | Felony | Up to 30 years; up to $500,000 fine |
| Schedule 1 or 2 narcotic drug / cocaine (50-450 grams) | Felony | Up to 20 years; up to $250,000 fine |
| Schedule 1 or 2 narcotic drug / cocaine (25-50 grams) | Felony | Up to 4 years; up to $25,000 fine |
| Schedule 1 or 2 narcotic drug / cocaine (less than 25 grams) | Felony | Up to 4 years; up to $25,000 fine |
| Ecstasy (MDMA) / methamphetamine | Felony | Up to 10 years; up to $15,000 fine |
| LSD / peyote / mescaline / dimethyltryptamine / psilocyn / psilocybin / Schedule 5 | Misdemeanor | Up to 1 year; up to $2,000 fine |
| Marijuana (2.5-5 ounces) | Civil infraction | No jail time; up to $500 fine |
| Marijuana (more than 5 ounces) | Misdemeanor | Generally no jail time; up to $500 fine |
| Schedule 1-4 controlled substances not covered above | Felony | Up to 2 years; up to $2,000 fine |
| GBL | Felony | Up to 2 years; up to $2,000 fine |
Section 333.7411 provides that an offender who is guilty of possession of a controlled substance and does not have prior drug convictions on their record may be eligible for deferred proceedings and probation. If the offender fulfills the terms and conditions of probation, the court will discharge the offender and dismiss the proceedings without an adjudication of guilt.
In addition, Section 600.1062 authorizes the creation of drug treatment courts. Under Section 600.1076, a court may discharge and dismiss the proceedings against a defendant who participates in a drug treatment court for the first time and successfully completes the terms and conditions of the program, as well as meeting certain other criteria. The Michigan Courts website provides information about how drug treatment courts and related specialty courts work.
Minnesota Drug Possession Laws
Minnesota Statutes Section 152.021 and the following sections divide most drug crimes into five degrees, each of which includes various types of possession. Section 152.027 describes some miscellaneous drug offenses, which include some forms of possession. Section 152.01(24) lists aggravating factors that can increase the level of a charge and the penalties.
Note that Minnesota is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| First degree (50 grams or more of cocaine or methamphetamine / 25 grams or more of heroin or fentanyl / 500 grams or more of another narcotic / 500 grams or more of amphetamine, PCP, or hallucinogen / 50 kg or more of marijuana or THC) | Felony | Up to 30 years (65 months-40 years for 100 grams or more of cocaine, methamphetamine, or heroin); up to $1 million fine |
| Second degree (25 grams or more of cocaine or methamphetamine / 6 grams or more of heroin or fentanyl / 50 grams or more of another narcotic / 50 grams or more of amphetamine, PCP, or hallucinogen / 25 kg or more of cannabis) | Felony | Up to 25 years; up to $500,000 fine |
| Third degree (10 grams or more of narcotic other than heroin or fentanyl / 3 grams or more of heroin / 5 grams or more of fentanyl / 50 or more dosage units of narcotic other than heroin or fentanyl / any amount of Schedule I or II narcotic or 5 or more dosage units of LSD, MDA, or MDMA near school, park, public housing, or drug treatment facility / more than 10 kg of cannabis / any methamphetamine or amphetamine near school, park, public housing, or drug treatment facility) | Felony | Up to 20 years; up to $250,000 fine |
| Fourth degree (10 or more dosage units of PCP or hallucinogen) | Felony | Up to 15 years; up to $100,000 fine |
| Fifth degree (Schedule I-IV controlled substance except cannabis) | Felony | Up to 5 years; up to $10,000 fine |
| Fifth degree with less than 0.25 grams, or less than 0.05 grams if heroin | Gross misdemeanor | Up to 1 year; up to $3,000 fine |
| Schedule V | Gross misdemeanor | Up to 1 year; up to $3,000 fine |
| Cannabis (2 pounds-10 kg) | Felony | Up to 5 years; up to $10,000 fine |
| Cannabis (1-2 pounds outside residence) | Gross misdemeanor | Up to 1 year; up to $3,000 fine |
| Cannabis (4 ounces-1 pound outside residence) | Misdemeanor | Up to 90 days; up to $1,000 fine |
| Cannabis (2-4 ounces outside residence) | Petty misdemeanor (not a crime) | No jail time; up to $300 fine |
| Salvia divinorum | Misdemeanor | Up to 90 days; up to $1,000 fine |
| Synthetic cannabinoids | Misdemeanor | Up to 90 days; up to $1,000 fine |
Section 152.18 permits deferred prosecution for certain first-time drug offenders. This means that the court will defer further proceedings and place the offender on probation under reasonable conditions and for a period no longer than the maximum sentence for the violation. If the offender does not violate any of the probation conditions, the court will discharge them and dismiss the proceedings against them when the period ends.
The Minnesota Judicial Branch provides information about treatment courts, which include drug courts.
Mississippi Drug Possession Laws
Mississippi Code Section 41-29-139 provides penalties for possession of a controlled substance in Schedules I through V, including marijuana and synthetic cannabinoids. These are based on the dosage unit or the weight of the substance. A dosage unit generally means a tablet or capsule, or one milliliter of a liquid solution. Section 41-29-152 provides that penalties may be doubled if the defendant had a firearm in their possession at the time of the offense or arrest.
Large amounts of certain controlled substances may result in trafficking charges. Trafficking carries much more severe penalties, including a 10-year mandatory minimum sentence. This crime may be charged when a defendant had at least 30 grams or 40 dosage units of a Schedule I or II controlled substance other than marijuana or synthetic cannabinoids, or at least 500 grams or 2,500 dosage units of a Schedule III, IV, or V controlled substance.
| Offense | Classification | Penalties |
|---|---|---|
| Schedule I or II, except marijuana or synthetic cannabinoids (less than 0.1 grams or 2 dosage units) | Misdemeanor | Up to 1 year; up to $1,000 fine |
| Schedule I or II, except marijuana or synthetic cannabinoids (0.1-2 grams or 2-10 dosage units) | Felony | Up to 3 years; up to $50,000 fine |
| Schedule I or II, except marijuana or synthetic cannabinoids (2-10 grams or 10-20 dosage units) | Felony | Up to 8 years; up to $250,000 fine |
| Schedule I or II, except marijuana or synthetic cannabinoids (10-30 grams or 20-40 dosage units) | Felony | 3-20 years; up to $500,000 fine |
| Marijuana (30 grams or less) / synthetic cannabinoids (10 grams or less) | Civil offense | No jail time; $100-$250 fine |
| Marijuana / synthetic cannabinoids in vehicle (1-30 grams of marijuana / up to 10 grams of synthetic cannabinoids) | Misdemeanor | Up to 90 days; up to $1,000 fine |
| Marijuana (30-250 grams) | Hybrid offense | Up to 1 year; up to $1,000 fine (as misdemeanor) / up to 3 years; up to $3,000 fine (as felony) |
| Marijuana (250-500 grams) | Felony | 2-8 years; up to $50,000 fine |
| Marijuana (500 grams-1 kg) | Felony | 4-16 years; up to $250,000 fine |
| Marijuana (1-5 kg) | Felony | 6-24 years; up to $500,000 fine |
| Marijuana (5 kg or more) | Felony | 10-30 years; up to $1 million fine |
| Synthetic cannabinoids (10-20 grams) | Hybrid offense | Up to 1 year; up to $1,000 fine (as misdemeanor) / up to 3 years; up to $3,000 fine (as felony) |
| Synthetic cannabinoids (20-40 grams) | Felony | 2-8 years; up to $50,000 fine |
| Synthetic cannabinoids (40-200 grams) | Felony | 4-16 years; up to $250,000 fine |
| Synthetic cannabinoids (200 grams or more) | Felony | 6-24 years; up to $500,000 fine |
| Schedule III / IV / V (less than 50 grams or 100 dosage units) | Misdemeanor | Up to 1 year; up to $1,000 fine |
| Schedule III / IV / V (50-150 grams or 100-500 dosage units) | Felony | 1-4 years; up to $10,000 fine |
| Schedule III / IV / V (150-300 grams or 500-1,000 dosage units) | Felony | 2-8 years; up to $50,000 fine |
| Schedule III / IV / V (300-500 grams or 1,000-2,500 dosage units) | Felony | 4-16 years; up to $250,000 fine |
Section 41-29-150 provides that someone who is found guilty of violating the law against simple possession and has not previously been convicted of violating Section 41-29-139 may be eligible to have the proceedings deferred without entering a judgment of guilty. The court would place them on probation for up to three years. If they do not violate any of the conditions of probation, the court will discharge them and dismiss the proceedings against them when the probation period ends.
Section 9-23-3 describes the goals of intervention courts, which include drug courts. Section 9-23-15 provides the eligibility requirements for this form of alternative sentencing. Under Section 9-23-23, if the participant completes the requirements imposed by the intervention court, the charge and prosecution will be dismissed. The Mississippi Judiciary provides more information about how intervention courts work.
Missouri Drug Possession Laws
Missouri Revised Statutes Section 579.015 describes the offense of possession of a controlled substance. The statute contains specific provisions for possession of marijuana or synthetic cannabinoids in small amounts. However, a constitutional amendment that took effect in December 2022 gave consumers the right to possess up to three ounces (about 85 grams) of marijuana for recreational use. This overrides statutory provisions to the extent that they conflict.
Section 579.068 provides that possessing more than a certain amount of specified controlled substances will be charged as second-degree trafficking, which carries more severe penalties. The threshold amounts for this charge include more than 30 grams of a substance containing heroin, more than 150 grams of a substance containing coca leaves, more than 500 milligrams of a substance containing LSD, more than 30 grams of a substance containing PCP, more than four grams of PCP, more than 30 kilograms of a substance containing marjuana, more than 30 grams of a material containing amphetamine or methamphetamine, more than 30 grams of a material containing MDMA (Ecstasy), or more than 10 milligrams of fentanyl or carfentanil.
As mentioned above, note that Missouri is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| General possession | Class D felony | Up to 7 years; up to $10,000 fine |
| 10-35 grams of synthetic cannabinoid | Class A misdemeanor | Up to 1 year; up to $2,000 fine |
| Up to 10 grams of synthetic cannabinoid | Class D misdemeanor | No jail time; up to $500 fine |
Section 478.001 describes the treatment court (drug court) divisions, which provide an alternative to dispose of cases arising from substance use. A treatment court combines judicial supervision, drug testing, and treatment. If a defendant successfully completes the treatment court program, the charges or penalty against them may be dismissed, reduced, or modified.
Montana Drug Possession Laws
Montana Code Section 45-9-102 provides that someone commits the offense of criminal possession of dangerous drugs if they possess a dangerous drug in an amount greater than permitted or for which a penalty is not specified under the Montana Marijuana Regulation and Taxation Act. (Section 16-12-106 of that law covers possession of certain amounts of marijuana.) Section 50-32-101 defines dangerous drugs as substances in Schedules I through V of the Montana controlled substances schedules.
Note that Montana is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| Dangerous drugs | Felony | Up to 5 years; up to $5,000 fine |
| Marijuana (1-2 ounces) | Civil offense | No jail time; up to $200 fine (or up to 4 hours of community service) |
Someone who is convicted of a first-time possession offense is presumed to be entitled to a deferred imposition of sentence of imprisonment. Under Section 46-18-204, when a court has deferred the imposition of a sentence for a felony conviction, the court will strike the guilty plea or verdict from the record and order that the charge against the defendant be dismissed after the end of the time period during which the imposition of the sentence has been deferred, assuming that a petition for revocation has not been filed.
Section 46-1-1104 describes the structure of drug treatment courts. Upon successfully completing drug treatment court, a drug offender’s case must be disposed by the judge in the manner prescribed by the agreement governing their participation in drug treatment court. This may include pre-trial diversion, the dismissal of charges, probation, deferred or suspended sentencing, or a reduced period of incarceration.
The Montana Judicial Branch provides more information about how drug treatment courts work.
Nebraska Drug Possession Laws
Nebraska Code Section 28-416 describes the offense of knowingly or intentionally possessing a controlled substance. Distinctive rules apply to marijuana and synthetically produced cannabinoids. Someone convicted of violating this law who is placed on probation must attend and complete appropriate treatment and counseling on drug abuse as a condition of probation. Meanwhile, someone convicted of violating this law who is sentenced to the Department of Correctional Services must attend appropriate treatment and counseling on drug abuse.
| Offense | Classification | Penalties |
|---|---|---|
| Possession other than marijuana or synthetic cannabinoids | Class IV felony | Up to 2 years; up to $10,000 fine |
| Marijuana (1 ounce-1 pound) | Class III misdemeanor | Up to 3 months; up to $500 fine |
| Marijuana (more than 1 pound) | Class IV felony | Up to 2 years; up to $10,000 fine |
| Marijuana (1 ounce or less) / synthetically produced cannabinoids | Infraction | No jail time; $300 fine |
Section 24-1301 authorizes the creation of problem-solving courts, which include drug courts. These courts are subject to rules promulgated by the Nebraska Supreme Court. Among other things, these rules provide that adult drug court programs must dismiss charges or motions to revoke probation upon successful completion. The Nebraska Judicial Branch provides more information about how problem-solving courts work.
Nevada Drug Possession Laws
Nevada Revised Statutes Section 453.336 describes the offense of unlawful possession not for purpose of sale. The level of the offense and the associated penalties depend on the schedule of the substance at issue and the amount possessed.
Possessing certain threshold amounts of a controlled substance may lead to trafficking charges, which are more serious. Threshold amounts include 50 pounds or more of marijuana, one pound or more of concentrated cannabis, or 100 grams or more of a Schedule I or II controlled substance, flunitrazepam, or GHB.
Note that Nevada is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| Schedule I or II (less than 14 grams) / Schedule III, IV, or V (less than 28 grams) | Category E felony | 1-4 years; up to $5,000 fine (court shall defer judgment upon defendant’s consent) |
| Schedule I or II (14-28 grams) / Schedule III, IV, or V (28-200 grams) | Category C felony | 1-5 years; up to $10,000 fine |
| Schedule I or II (28-42 grams) / Schedule III, IV, or V (200 grams or more) | Category B felony | 1-10 years; up to $50,000 fine |
| Schedule I or II (42-100 grams) | Category B felony | 2-15 years; up to $50,000 fine |
| Flunitrazepam / GHB | Category B felony | 1-6 years |
| Marijuana (1 ounce-50 pounds) | Category E felony | 1-4 years; up to $5,000 fine (but court will suspend sentence and grant probation) |
Section 453.3363 provides that someone who is guilty of a non-marijuana possession offense and who has not previously been convicted of a drug crime may be placed on probation without a judgment of conviction. If the terms and conditions of probation are fulfilled, the court will discharge the defendant and dismiss the proceedings against them.
Moreover, Section 453.3365 provides that records related to flunitrazepam or GHB convictions may be sealed three years after the defendant is convicted and sentenced if they fulfill the terms and conditions imposed by the court and the parole and probation officer, and the court is satisfied that they are rehabilitated after a hearing.
The Nevada Supreme Court provides information about specialty courts, which include drug courts.
New Hampshire Drug Possession Laws
New Hampshire Revised Statutes Section 318-B:26 provides the penalties for someone who actually or constructively possesses a controlled drug, or has it under their control. Section 318-B:2-c provides rules for the personal possession of small amounts of marijuana. Section 318-B:28-a prohibits a court from ordering an annulment of a record of conviction for a felony under the drug laws until seven years after the conviction.
| Offense | Classification | Penalties |
|---|---|---|
| Schedule I-IV | Class B felony | Up to 7 years; $350-$25,000 fine |
| Schedule V | Felony | Up to 3 years; $350-$15,000 fine |
| Marijuana (more than 0.75 ounces) / hashish (more than 5 grams) | Misdemeanor | Up to 1 year (if charged as Class A); $350 fine |
| Marijuana (0.75 ounces or less) / hashish (5 grams or less) | Violation | No jail time: $100 fine (waived if defendant completes substance abuse assessment within 60 days of conviction) |
Section 490-G:2 describes the implementation of drug courts in New Hampshire. These allow drug offenders to be processed in a way that addresses an identified substance abuse problem. If an offender successfully completes a program recommended by the drug court, their case may be disposed in the manner prescribed by the agreement under which they entered the drug court. This may include withheld or dismissed charges, probation or deferred or suspended sentencing, or a reduced period of incarceration. The New Hampshire Judicial Branch provides more information about how these courts work.
New Jersey Drug Possession Laws
New Jersey Revised Statutes Section 2C:35-10 covers the possession of controlled dangerous substances in general. When most types of possession offenses are committed within 1,000 feet of school property or a school bus, someone who is not sentenced to a term of imprisonment will be required to perform at least 100 hours of community service. Possession of GHB, flunitrazepam, or various other substances is covered separately.
Note that New Jersey is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| Schedules I-IV (and not covered elsewhere) | Third-degree crime | 3-5 years; up to $35,000 fine |
| Schedule V | Fourth-degree crime | Up to 18 months; up to $15,000 fine |
| Marijuana (more than 6 ounces); hashish (more than 17 grams) | Fourth-degree crime | Up to 18 months; up to $25,000 fine |
| Psilocybin (1 ounce or less) | Disorderly persons offense | Up to 6 months; up to $1,000 fine |
| GHB | Third-degree crime | 3-5 years; up to $100,000 fine |
| Flunitrazepam | Third-degree crime | 3-5 years; up to $100,000 fine |
| Substances listed in Section 2C:35-10.3a (1 ounce or more) | Third-degree crime | 3-5 years; up to $15,000 fine |
| Substances listed in Section 2C:35-10.3a (less than 1 ounce) | Fourth-degree crime | Up to 18 months; up to $10,000 fine |
Section 2C:35-14 provides for a rehabilitation program for drug and alcohol dependent defendants who normally would be subject to a presumption of incarceration. (The program was formerly known as drug court but is now known as recovery court.) This involves a term of “special probation,” which will last for five years. The court must make certain findings on the record to justify special probation. Early discharge from special probation may be available if the defendant satisfactorily completes the treatment program ordered by the court, has served at least two years of special probation, and meets other specified requirements.
The New Jersey Courts website provides more information about how recovery courts work.
New Mexico Drug Possession Laws
New Mexico Statutes Section 30-31-23 provides the penalties for possessing a controlled substance. Someone who commits one of these crimes in a posted drug-free school zone, except on private property used primarily as a residence or in a vehicle traveling through the zone, will be subject to enhanced penalties. Special rules apply to minors in possession of certain substances, such as synthetic cannabinoids. Section 26-2C-30 provides special rules for cannabis possession.
Note that New Mexico is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| Synthetic cannabinoids (1 ounce or less) | Petty misdemeanor | Up to 15 days; $50-$100 fine |
| Synthetic cannabinoids (1-8 ounces) | Misdemeanor | Less than 1 year; $100-$1,000 fine |
| Synthetic cannabinoids (8 ounces or more) | Fourth-degree felony | 18 months; up to $5,000 fine |
| PCP / methamphetamine / flunitrazepam / GHB / GBL / 1,4 butanediol / Schedule I or II narcotic drug | Fourth-degree felony | 18 months; up to $5,000 fine |
| Other Schedule I-IV controlled substances | Misdemeanor | Less than 1 year; $500-$1,000 fine |
| Cannabis (2-8 ounces) | Misdemeanor | Less than 1 year; up to $1,000 fine |
| Cannabis (more than 8 ounces) | Fourth-degree felony | 18 months; up to $5,000 fine |
Section 30-31-28 provides that someone who is found guilty of violating the drug possession statute and was not previously convicted of a drug crime may be eligible for conditional discharge. This means that the court may defer further proceedings without entering a judgment of guilty and place the offender on probation for up to one year. If the offender does not violate any of the conditions of probation, the court will discharge them and dismiss the proceedings against them without a court adjudication of guilt at the end of the probation period.
The New Mexico Judicial Branch provides information about how the treatment courts work.
New York Drug Possession Laws
The New York law on controlled substances offenses contains separate sections for possession in the first, second, third, fourth, fifth, and seventh degrees. New York Penal Law Section 220.25 provides certain presumptions that apply to possession offenses when a controlled substance is in a vehicle or in open view in a room under circumstances suggesting an intent to unlawfully mix, compound, package, or prepare for sale the controlled substance. New York also has defined offenses involving unlawful possession of cannabis and criminal possession of cannabis in the first, second, and third degrees.
Note that New York is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| First-degree criminal possession (8 ounces or more of narcotic drug / 5,760 mg or more of methadone) | Class A-I felony | 8-20 years; up to $100,000 fine |
| Second-degree criminal possession (4-8 ounces of narcotic drug / 2 ounces or more of methamphetamine / 10 grams or more of stimulant / 25 mg or more of LSD / 625 mg or more of hallucinogen / 25 grams or more of hallucinogenic substance / 2,880-5,760 mg of methadone) | Class A-II felony | 3-10 years; up to $50,000 fine |
| Third-degree criminal possession (5-10 grams of stimulant / 5-25 mg of LSD / 125-625 mg of hallucinogen / 5-25 grams of hallucinogenic substance / 0.5-4 ounces of narcotic drug / 1,250 mg or more of PCP) | Class B felony | 1-9 years; up to $30,000 fine |
| Fourth-degree criminal possession (⅛-½ ounce of narcotic drug / 0.5-2 ounces of methamphetamine / 2 ounces or more of narcotic preparation / 1-5 grams of stimulant / 1-5 mg of LSD / 25-125 mg of hallucinogen / 1-5 grams of hallucinogenic substance / 10 ounces or more of dangerous depressant / 2 pounds or more of depressant / 250-1,250 mg of PCP / 360-2,880 mg of methadone / 4,000 mg or more of ketamine / 200 grams or more of GHB) | Class C felony | 1-5.5 years; up to $15,000 fine |
| Fifth-degree criminal possession (0.5-2 ounces of narcotic preparation / 50-250 mg of PCP / 500 mg or more of cocaine / 1,000-4,000 mg of ketamine / 28-200 grams of GHB) | Class D felony | 1-2.5 years; up to $5,000 fine |
| Seventh-degree criminal possession (all other non-cannabis possession) | Class A misdemeanor | Up to 364 days; up to $1,000 fine |
| Unlawful possession of cannabis (3 ounces-1 pound) | Violation | No jail time; up to $125 fine |
| First-degree criminal possession of cannabis (more than 10 pounds) | Class D felony | 1-2.5 years; up to $5,000 fine |
| Second-degree criminal possession of cannabis (5-10 pounds) | Class E felony | 1-1.5 years; up to $5,000 fine |
| Third-degree criminal possession of cannabis (1-5 pounds) | Class A misdemeanor | Up to 364 days; up to $1,000 fine |
New York Criminal Procedure Law Section 216.05 creates a judicial diversion program for defendants charged with various drug felonies. An eligible defendant may participate when the court determines that they should be offered substance use treatment, or when the parties and the court agree to their participation in substance use treatment. If the court determines that the defendant has successfully completed the required period of treatment and has otherwise satisfied the conditions required for successful completion of the program, the court will comply with the terms and conditions that it set for final disposition when it accepted the defendant’s agreement to participate in the program. In some cases, this may involve allowing the defendant to withdraw their guilty plea and dismissing the indictment.
The New York State Unified Court System provides information about how the drug treatment courts work.
North Carolina Drug Possession Laws
North Carolina General Statutes Section 90-95 broadly makes it unlawful to possess a controlled substance. Sentencing for crimes in North Carolina is a highly complex process that is shaped by any prior convictions for any crimes. The North Carolina courts provide a sentencing handbook that explains how the process works. A drug possession offender with no prior record is entitled to serve their term as “community punishment,” which is defined by the handbook.
Possessing large quantities of certain drugs may lead to trafficking charges, which carry severe penalties. Trafficking may be charged when a defendant possessed more than 10 pounds of marijuana, more than 50 dosage units of a synthetic cannabinoid, 1,000 tablets or capsules or more of methaqualone, 28 grams or more of cocaine, methamphetamine, amphetamine, or a substituted cathinone, four grams or more of opium or heroin, or 100 tablets or capsules or more of LSD, MDA, or MDMA.
| Offense | Classification | Penalties |
|---|---|---|
| Schedule I (except 1 gram or less of MDPV) | Class I felony | 3-12 months (minimum term; see handbook for maximum term); discretionary fine |
| MDPV (1 gram or less) | Class 1 misdemeanor | 1-120 days; discretionary fine |
| Schedules II-IV (except for substances specified below) | Class 1 misdemeanor | 1-120 days; discretionary fine |
| Schedules II-IV (methamphetamine / amphetamine / PCP / cocaine / fentanyl / carfentanil) | Class I felony | 3-12 months (minimum term; see handbook for maximum term); discretionary fine |
| Schedules II-IV (more than 4 tablets of hydromorphone / more than 100 tablets of other drugs) | Class I felony | 3-12 months (minimum term; see handbook for maximum term); discretionary fine |
| Schedule V | Class 2 misdemeanor | 1-60 days; up to $1,000 fine |
| Schedule VI (except for substances and amounts specified below) | Class 3 misdemeanor | 1-20 days (fine only if no more than three prior convictions); up to $200 fine |
| Schedule VI (0.5-1.5 ounces of marijuana / 0.05-0.15 ounces of hashish) | Class 1 misdemeanor | 1-120 days; discretionary fine |
| Schedule VI (over 1.5 ounces of marijuana / over 0.15 ounces of hashish / any amount of synthetic tetrahydrocannabinols) | Class I felony | 3-12 months (minimum term; see handbook for maximum term); discretionary fine |
Section 90-96 provides for a conditional discharge for certain first offenders. If they are guilty of a drug possession offense and have not previously been convicted of a drug crime or a non-drug felony, the court will defer further proceedings and place them on probation, unless the court determines that a conditional discharge is inappropriate based on factors related to the offense. If the offender fulfills the terms and conditions of probation, the court will discharge them and dismiss the proceedings without court adjudication of guilt.
Section 15A-1341 provides that a court may defer further proceedings and place a defendant on probation if they are eligible for a drug treatment court program so that the defendant can participate in the program. The North Carolina Judicial Branch explains how adult drug treatment courts work.
North Dakota Drug Possession Laws
North Dakota Century Code Section 19-03.1-23 makes it unlawful to willfully possess a controlled substance. Penalties increase if the offender was on school property at the time of the offense, unless it involved marijuana or THC. Further distinctive rules apply to marijuana and THC possession.
| Offense | Classification | Penalties |
|---|---|---|
| General possession | Class A misdemeanor | Up to 360 days; up to $3,000 fine |
| Possession on school property (except marijuana or THC) | Class B felony | Up to 10 years; up to $20,000 fine |
| Marijuana (less than 0.5 ounces) / THC (less than 2 grams) | Infraction | No jail time; up to $1,000 fine |
| Marijuana (0.5 ounces-500 grams) / THC (2-6 grams) | Class B misdemeanor | Up to 30 days; up to $1,500 fine |
| Marijuana (more than 500 grams) / THC (more than 6 grams) | Class A misdemeanor | Up to 360 days; up to $3,000 fine |
| Schedules II-V (5 or fewer capsules, pills, or tablets) | Class A misdemeanor | Up to 360 days; up to $3,000 fine |
If an offender is sentenced to the custody of the department of corrections and rehabilitation for a possession offense, the department may place them in a drug and alcohol treatment program. If they successfully complete the program, the department will release them from imprisonment to begin any court-ordered probation. If no court-ordered probation was ordered, the court will order the offender to serve the rest of their sentence of imprisonment on supervised probation subject to the terms and conditions imposed by the court.
If they successfully complete a drug court program, a person who has been convicted of a drug felony and sentenced to drug court is deemed to have been convicted of a misdemeanor. Meanwhile, if a person convicted of a misdemeanor successfully completes a drug court program, the court will dismiss the case and seal the file. The North Dakota Courts website explains how adult drug court works.
Ohio Drug Possession Laws
Ohio Revised Code Section 2925.11 provides the penalties for possessing a controlled substance. These often depend on the quantity of the controlled substance at issue. The statute defines some types of drug possession offenses in reference to the bulk amount, which is described by Section 2925.01 in varying ways for different types of substances. There is an affirmative defense to a fourth-degree felony charge if the controlled substance that gave rise to the charge was possessed under circumstances indicating that it was possessed solely for personal use.
| Offense | Classification | Penalties |
|---|---|---|
| Schedule I or II, except marijuana, cocaine, LSD, heroin, fentanyl-related compound, or hashish (less than bulk amount) | Fifth-degree felony | Potentially 6-12 months, but Section 2929.13(B) applies in determining whether to impose prison term; up to $2,500 fine |
| Schedule I or II, except marijuana, cocaine, LSD, heroin, fentanyl-related compound, or hashish (1-5 times bulk amount) | Third-degree felony | Presumptive 9-36 months; up to $10,000 fine |
| Schedule I or II, except marijuana, cocaine, LSD, heroin, fentanyl-related compound, or hashish (5-50 times bulk amount) | Second-degree felony | Mandatory 2-8 years; up to $15,000 fine |
| Schedule I or II, except marijuana, cocaine, LSD, heroin, fentanyl-related compound, or hashish (50-100 times bulk amount) | First-degree felony | Mandatory 3-11 years; up to $20,000 fine |
| Schedule I or II, except marijuana, cocaine, LSD, heroin, fentanyl-related compound, or hashish (100 or more times bulk amount) | First-degree felony (+ major drug offender) | Mandatory 11 years; up to $20,000 fine |
| Schedule III, IV, or V (less than bulk amount) | First-degree misdemeanor | Up to 180 days; up to $1,000 fine |
| Schedule III, IV, or V (1-5 times bulk amount) | Fourth-degree felony | Potentially 6-18 months, but Section 2929.13(C) applies in determining whether to impose prison term; up to $5,000 fine |
| Schedule III, IV, or V (5-50 times bulk amount) | Third-degree felony | Presumptive 9-36 months; up to $10,000 fine |
| Schedule III, IV, or V (50 or more times bulk amount) | Second-degree felony | Mandatory 2-8 years; up to $15,000 fine |
| Marijuana (less than 100 grams) | Minor misdemeanor | No jail time; up to $150 fine |
| Marijuana (100-200 grams) | Fourth-degree misdemeanor | Up to 30 days; up to $250 fine |
| Marijuana (200-1,000 grams) | Fifth-degree felony | Potentially 6-12 months, but Section 2929.13(B) applies in determining whether to impose prison term; up to $2,500 fine |
| Marijuana (1,000-5,000 grams) | Third-degree felony | Potentially 9-36 months, but Section 2929.13(C) applies in determining whether to impose prison term; up to $10,000 fine |
| Marijuana (5,000-20,000 grams) | Third-degree felony | Presumptive 9-36 months; up to $10,000 fine |
| Marijuana (20,000-40,000 grams) | Second-degree felony | Mandatory 5-8 years; up to $15,000 fine |
| Marijuana (40,000 grams or more) | Second-degree felony | Mandatory 8 years; up to $15,000 fine |
| Cocaine (less than 5 grams) | Fifth-degree felony | Potentially 6-12 months, but Section 2929.13(B) applies in determining whether to impose prison term; up to $2,500 fine |
| Cocaine (5-10 grams) | Fourth-degree felony | Potentially 6-18 months, but Section 2929.13(B) applies in determining whether to impose prison term; up to $5,000 fine |
| Cocaine (10-20 grams) | Third-degree felony | Presumptive 9-36 months; up to $10,000 fine |
| Cocaine (20-27 grams) | Second-degree felony | Mandatory 2-8 years; up to $15,000 fine |
| Cocaine (27-100 grams) | First-degree felony | Mandatory 3-11 years; up to $20,000 fine |
| Cocaine (100 grams or more) | First-degree felony (+ major drug offender) | Mandatory 11 years; up to $20,000 fine |
| LSD (less than 10 unit doses or 1 gram) | Fifth-degree felony | Potentially 6-12 months, but Section 2929.13(B) applies in determining whether to impose prison term; up to $2,500 fine |
| LSD (10-50 unit doses or 1-5 grams) | Fourth-degree felony | Potentially 6-18 months, but Section 2929.13(C) applies in determining whether to impose prison term; up to $5,000 fine |
| LSD (50-250 unit doses or 5-25 grams) | Third-degree felony | Presumptive 9-36 months; up to $10,000 fine |
| LSD (250-1,000 unit doses or 25-100 grams) | Second-degree felony | Mandatory 2-8 years; up to $15,000 fine |
| LSD (1,000-5,000 unit doses or 100-500 grams) | First-degree felony | Mandatory 3-11 years; up to $20,000 fine |
| LSD (5,000 unit doses or 500 grams or more) | First-degree felony (+ major drug offender) | Mandatory 11 years; up to $20,000 fine |
| Heroin (less than 10 unit doses or 1 gram) | Fifth-degree felony | Potentially 6-12 months, but Section 2929.13(B) applies in determining whether to impose prison term; up to $2,500 fine |
| Heroin (10-50 unit doses or 1-5 grams) | Fourth-degree felony | Potentially 6-18 months, but Section 2929.13(C) applies in determining whether to impose prison term; up to $5,000 fine |
| Heroin (50-100 unit doses or 5-10 grams) | Third-degree felony | Presumptive 9-36 months; up to $10,000 fine |
| Heroin (100-500 unit doses or 10-50 grams) | Second-degree felony | Mandatory 2-8 years; up to $15,000 fine |
| Heroin (500-1,000 unit doses or 50-100 grams) | First-degree felony | Mandatory 3-11 years; up to $20,000 fine |
| Heroin (1,000 unit doses or 100 grams or more) | First-degree felony (+ major drug offender) | Mandatory 11 years; up to $20,000 fine |
| Hashish (less than 5 grams) | Minor misdemeanor | No jail time; up to $150 fine |
| Hashish (5-10 grams) | Fourth-degree misdemeanor | Up to 30 days; up to $250 fine |
| Hashish (10-50 grams) | Fifth-degree felony | Potentially 6-12 months, but Section 2929.13(B) applies in determining whether to impose prison term; up to $2,500 fine |
| Hashish (50-250 grams) | Third-degree felony | Potentially 9-36 months, but Section 2929.13(C) applies in determining whether to impose prison term; up to $10,000 fine |
| Hashish (250-1,000 grams) | Third-degree felony | Presumptive 9-36 months; up to $10,000 fine |
| Hashish (1,000-2,000 grams) | Second-degree felony | Mandatory 5-8 years; up to $15,000 fine |
| Hashish (2,000 grams or more) | Second-degree felony | Mandatory 8 years; up to $15,000 fine |
| Fentanyl-related compound (less than 10 unit doses or 1 gram) | Fifth-degree felony | Potentially 6-12 months, but Section 2929.13(B) applies in determining whether to impose prison term; up to $2,500 fine |
| Fentanyl-related compound (10-50 unit doses or 1-5 grams) | Fourth-degree felony | Potentially 6-18 months, but Section 2929.13(C) applies in determining whether to impose prison term; up to $5,000 fine |
| Fentanyl-related compound (50-100 unit doses or 5-10 grams) | Third-degree felony | Presumptive 9-36 months; up to $10,000 fine |
| Fentanyl-related compound (100-200 unit doses or 10-20 grams) | Second-degree felony | Mandatory 2-8 years; up to $15,000 fine |
| Fentanyl-related compound (200-500 unit doses or 20-50 grams) | First-degree felony | Mandatory 3-11 years; up to $20,000 fine |
| Fentanyl-related compound (500-1,000 unit doses or 50-100 grams) | First-degree felony | Mandatory 11 years; up to $20,000 fine |
| Fentanyl-related compound (1,000 unit doses or 100 grams or more) | First-degree felony (+ major drug offender) | Mandatory 11 years; up to $20,000 fine |
An arrest or conviction for a minor misdemeanor possession offense does not constitute a criminal record.
Section 2951.041 provides for intervention in lieu of conviction for certain offenses when there is reason to believe that drug usage by the offender was a factor leading to the offense. (People charged with a first-degree or second-degree felony under Section 2925.11 are ineligible.) If the court finds that the offender is eligible, it must grant the offender’s request unless it finds specific reasons to believe that this would be inappropriate. The court will establish an intervention plan for the offender. Among other conditions, they must abstain from using illegal drugs for 1-5 years. If the court finds that the offender has successfully completed the intervention plan, the court will dismiss the proceedings against them without adjudication of guilt.
The Ohio Department of Mental Health & Addiction Services provides information about how drug courts work.
Oklahoma Drug Possession Laws
Oklahoma Statutes Section 63-2-402, as amended by the passage of State Question 780 in 2016, provides the penalties for possessing a controlled dangerous substance. This is classified as a misdemeanor punishable by up to one year of confinement and a fine of up to $1,000.
Section 63-2-410 provides for a conditional discharge if a drug offender has not previously been convicted of any drug crime. This allows the court to defer further proceedings and place the defendant on probation. If they fulfill the terms and conditions of probation, the court will discharge them and dismiss the proceedings against them without a court adjudication of guilt.
Section 22-471.2 describes the eligibility criteria for the drug court program. If an offender successfully completes the program, the criminal case against them may be dismissed. The Oklahoma Department of Substance Abuse & Mental Health Services provides more information about how drug courts work.
Oregon Drug Possession Laws
Oregon Revised Statutes Section 475.752 provides the penalties for possessing a controlled substance. Possession of a Schedule I or II controlled substance in a substantial quantity, as defined by Section 475.900, can lead to increased charges and penalties. An offender also may face more serious charges and penalties if their possession qualifies as a commercial drug offense, which means that at least three factors in a list in Section 475.900(1)(b) are present. Distinctive rules apply to hydrocodone, methadone, oxycodone, heroin, MDMA, cocaine, methamphetamine, LSD, and psilocybin or psilocin. Section 475C.337 defines certain marijuana offenses.
There is an affirmative defense for possession of peyote that was being used or intended for use in connection with the good-faith practice of a religious belief if its use was directly associated with a religious practice and was not in a manner that was dangerous to the health of the user or others in their vicinity.
Note that Oregon is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| Schedule I (except heroin, MDMA, methamphetamine, LSD, psilocybin / psilocin, commercial drug offense, or substantial quantity) | Class E violation | No jail time; up to $100 fine |
| Schedule II (except hydrocodone, methadone, oxycodone, cocaine, commercial drug offense, or substantial quantity) | Class E violation | No jail time; up to $100 fine |
| Schedule I (commercial drug offense or substantial quantity under Section 475.900) | Class B felony | Up to 10 years; up to $250,000 fine |
| Schedule II (commercial drug offense or substantial quantity under Section 475.900) | Class C felony | Up to 5 years; up to $125,000 fine |
| Schedule III | Class E violation | No jail time; up to $100 fine |
| Schedule IV | Class E violation | No jail time; up to $100 fine |
| Schedule V | Violation | No jail time; up to $1,000 fine |
| Hydrocodone (less than 40 pills, tablets, capsules, or user units) | Class E violation | No jail time; up to $100 fine |
| Hydrocodone (40 or more pills, tablets, capsules, or user units or commercial drug offense under Section 475.900) | Class A misdemeanor | Up to 364 days; up to $6,250 fine |
| Methadone (less than 40 user units) | Class E violation | No jail time; up to $100 fine |
| Methadone (40 or more user units) | Class A misdemeanor | Up to 364 days; up to $6,250 fine |
| Methadone (commercial drug offense under Section 475.900) | Class C felony | Up to 5 years; up to $125,000 fine |
| Oxycodone (less than 40 pills, tablets, capsules, or user units) | Class E violation | No jail time; up to $100 fine |
| Oxycodone (40 or more pills, tablets, capsules, or user units) | Class A misdemeanor | Up to 364 days; up to $6,250 fine |
| Oxycodone (commercial drug offense under Section 475.900) | Class C felony | Up to 5 years; up to $125,000 fine |
| Heroin (less than 1 gram) | Class E violation | No jail time; up to $100 fine |
| Heroin (1 gram or more) | Class A misdemeanor | Up to 364 days; up to $6,250 fine |
| Heroin (commercial drug offense or substantial quantity under Section 475.900) | Class B felony | Up to 10 years; up to $250,000 fine |
| MDMA (less than 1 gram or 5 pills, tablets, or capsules) | Class E violation | No jail time; up to $100 fine |
| MDMA (1 gram or more, or 5 or more pills, tablets, or capsules) | Class A misdemeanor | Up to 364 days; up to $6,250 fine |
| MDMA (commercial drug offense or substantial quantity under Section 475.900) | Class B felony | Up to 10 years; up to $250,000 fine |
| Cocaine (less than 2 grams) | Class E violation | No jail time; up to $100 fine |
| Cocaine (2 grams or more) | Class A misdemeanor | Up to 364 days; up to $6,250 fine |
| Cocaine (commercial drug offense or substantial quantity under Section 475.900) | Class C felony | Up to 5 years; up to $125,000 fine |
| Methamphetamine (less than 2 grams) | Class E violation | No jail time; up to $100 fine |
| Methamphetamine (2 grams or more) | Class A misdemeanor | Up to 364 days; up to $6,250 fine |
| Methamphetamine (commercial drug offense or substantial quantity under Section 475.900) | Class C felony | Up to 5 years; up to $125,000 fine |
| LSD (less than 40 user units) | Class E violation | No jail time; up to $100 fine |
| LSD (40 user units or more) | Class A misdemeanor | Up to 364 days; up to $6,250 fine |
| Psilocybin / psilocin (less than 12 grams) | Class E violation | No jail time; up to $100 fine |
| Psilocybin / psilocin (12 grams or more) | Class A misdemeanor | Up to 364 days; up to $6,250 fine |
| Marijuana (1-2 times the legal limit) | Class B violation | No jail time; up to $1,000 fine |
| Marijuana (2-4 times the legal limit) | Class B misdemeanor | Up to 6 months; up to $2,500 fine |
| Marijuana (more than 8 pounds in public place / more than 16 times the legal limit) | Class C felony | Up to 5 years; up to $125,000 fine |
| All other marijuana possession above legal limit | Class A misdemeanor | Up to 364 days; up to $6,250 fine |
Section 475.245 provides the option of a conditional discharge for drug possession offenses. This means that the court may defer further proceedings and place the defendant on probation. The terms of probation will be defined by a probation agreement, which carries the understanding that the charges against the defendant will be dismissed with prejudice if they fulfill the terms of the agreement.
Pennsylvania Drug Possession Laws
35 Pennsylvania Statutes Section 780-113(16) defines the general offense of possessing a controlled substance. Section 780-113(31) covers the possession of a small amount of marijuana for personal use, which is defined as up to 30 grams of marijuana or eight grams of hashish. Section 780-113(36) covers the possession of designer drugs, while Section 780-113(37) covers the possession of more than 30 doses labeled as a dispensed prescription or more than three trade packages of anabolic steroids.
| Offense | Classification | Penalties |
|---|---|---|
| General possession | Misdemeanor | Up to 1 year; up to $5,000 fine |
| Marijuana (up to 30 grams) / hashish (up to 8 grams) | Misdemeanor | Up to 30 days; up to $500 fine |
| Designer drugs | Felony | Up to 15 years; up to $250,000 fine |
| GHB | Felony | Up to 15 years; up to $250,000 fine |
| Anabolic steroids (more than 30 prescription doses / more than 3 trade packages) | Misdemeanor | Up to 1 year; up to $5,000 fine |
Section 780-117 provides for probation without verdict (similar to conditional discharge) for certain qualifying non-violent drug offenders who prove that they are drug dependent. This involves presenting the testimony of a doctor or psychologist trained in drug abuse. Probation must not exceed the maximum for the offense. If the offender fulfills the terms and conditions of probation, the court will discharge them and dismiss the proceedings against them without adjudication of guilt.
Section 780-118 provides for disposition in lieu of trial. This means that a non-violent drug offender who claims to be drug dependent or a drug abuser may request appropriate treatment. If this happens, a doctor experienced or trained in drug dependency or drug abuse will evaluate the situation and provide a recommendation about whether it would be preferable for the charges to be held in abeyance or withdrawn to institute treatment for drug dependence. The government attorney has the discretion whether to accept the doctor’s recommendation.
The Pennsylvania Unified Judicial System provides information about how drug courts work.
Rhode Island Drug Possession Laws
Rhode Island General Laws Section 21-28-4.01 describes the general offense of possession of a controlled substance. Penalties depend on the amount of the controlled substance. (Distinctive rules apply to marijuana.) However, Section 21-28-04.01.1 and Section 21-28-04.01.2 impose extremely harsh penalties in situations involving certain substances and amounts. Section 21-28-4.17.1 provides that people convicted of most drug possession offenses will be assessed $400 in addition to any other sentence or fine imposed.
Note that Rhode Island is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| Schedule I-V (10 grams or less), except marijuana | Misdemeanor | Up to 2 years; up to $500 fine |
| Schedule I-V (10 grams-1 ounce), except marijuana | Felony | Up to 3 years; up to $5,000 fine |
| Marijuana (more than 2 ounces outside primary residence) | Misdemeanor | Up to 1 year; up to $500 fine |
| Marijuana (more than 10 ounces inside personal residence) | Misdemeanor | Up to 1 year; $200-$500 fine |
| Marijuana (1-2 ounces) | Civil offense | No jail time; $150 fine |
| Heroin / cocaine / synthetic drugs / fentanyl / carfentanil / MDMA / amphetamine / methamphetamine (1 ounce-1 kg) | Crime | Up to 50 years; up to $500,000 fine |
| Heroin / cocaine / synthetic drugs / fentanyl / carfentanil / MDMA / amphetamine / methamphetamine (more than 1 kg) | Crime | Up to life; up to $1 million fine |
| PCP (1-10 grams or 100-1,000 tablets) | Crime | Up to 50 years; up to $500,000 fine |
| PCP (more than 10 grams or 1,000 tablets) | Crime | Up to life; up to $1 million fine |
| LSD (0.1-1 gram or 100-1,000 tablets) | Crime | Up to 50 years; up to $500,000 fine |
| LSD (more than 1 gram or 1,000 tablets) | Crime | Up to life; up to $1 million fine |
| Marijuana (1-5 kg) | Crime | Up to 50 years; up to $500,000 fine |
| Marijuana (more than 5 kg) | Crime | Up to life; up to $1 million fine |
Section 21-28-4.19 provides that someone convicted of a drug offense may get their sentence reduced upon a motion by the attorney general based on the offender’s demonstrated cooperation with law enforcement in investigating and prosecuting drug crimes.
Section 8-2-39.2 creates the position of “drug court magistrate” in the superior court to preside over the adult drug court. This program combines the coercive powers of the court with a therapeutic regimen to rehabilitate drug addicted defendants. The statute explains that an offender accepted into drug court is bound by a drug court contract that provides the court’s expectations, the role and responsibilities of the drug court, the conditions imposed on the defendant and their responsibilities, and the treatment plan goals and strategies.
The Rhode Island Judiciary provides more details about how the adult drug court program works.
South Carolina Drug Possession Laws
South Carolina Code of Laws Section 44-53-370 defines the basic offense of possessing a controlled substance. Distinctive rules apply to cocaine, LSD, fentanyl, and certain Schedule I and II narcotic drugs. Section 44-53-375 provides specific rules for possession of methamphetamine or cocaine base.
Someone who possesses more than certain amounts of certain substances is considered prima facie guilty of possession with intent to distribute, which carries greater penalties. These amounts include one gram of cocaine, four grains of opium or morphine, two grains of heroin, 28 grams (1 ounce) of marijuana, 10 grams of hashish, 50 micrograms of LSD, 15 dosage units of MDMA, 20 mL or mg of GHB, or one gram of methamphetamine or cocaine base, among others. In addition, possessing more than certain other amounts of certain substances is considered trafficking in those substances, which carries mandatory minimum prison terms. These amounts include 10 pounds of marijuana, 10 grams of cocaine, four grams of morphine or opium, four grams of heroin, 15 grams of methaqualone, 100 dosage units of LSD, one gram of flunitrazepam, 50 mL or mg of GHB, 100 dosage units of MDMA, or 10 grams of methamphetamine or cocaine base.
| Offense | Classification | Penalties |
|---|---|---|
| Schedules I-V (in general) | Misdemeanor | Up to 6 months; up to $1,000 fine |
| LSD / Schedule I(B) or (C) narcotic drug / Schedule II narcotic drug | Misdemeanor | Up to 2 years; up to $5,000 fine |
| Cocaine | Misdemeanor | Up to 3 years; up to $5,000 fine |
| Fentanyl (more than 2 grains) | Felony | Up to 5 years; up to $5,000 fine |
| Marijuana (1 ounce or less) / hashish (10 grams or less) | Misdemeanor | Up to 30 days; $100-$200 fine |
| Methamphetamine or cocaine base (less than 1 gram) | Misdemeanor | Up to 3 years; up to $5,000 fine |
Section 44-53-450 provides for a possible conditional discharge for a drug possession offender who was not previously convicted of another drug crime. This means that the court may defer further proceedings without entering a judgment of guilt and place the offender on probation. If the offender fulfills the terms and conditions of probation, the court will discharge them and dismiss the proceedings against them without court adjudication of guilt.
The South Carolina Commission on Prosecution Coordination provides information about the drug court programs in the state.
South Dakota Drug Possession Laws
South Dakota Codified Laws Section 22-42-5 defines the basic offense of unauthorized possession of a controlled substance. Section 22-42-6 provides distinctive rules for marijuana possession, including a civil penalty of up to $10,000 that may be imposed in addition to criminal penalties. Section 22-42-22 provides distinctive rules for possession of salvia divinorum or salvinorin A.
| Offense | Classification | Penalties |
|---|---|---|
| Schedule I or II | Class 5 felony | Up to 5 years; up to $10,000 fine |
| Schedule III or IV | Class 6 felony | Up to 2 years; up to $4,000 fine |
| Marijuana (2 ounces or less) | Class 1 misdemeanor | Up to 1 year; up to $2,000 fine |
| Marijuana (2-8 ounces) | Class 6 felony | Up to 2 years; up to $4,000 fine |
| Marijuana (8 ounces-1 pound) | Class 5 felony | Up to 5 years; up to $10,000 fine |
| Marijuana (1-10 pounds) | Class 4 felony | Up to 10 years; up to $20,000 fine |
| Marijuana (more than 10 pounds) | Class 3 felony | Up to 15 years; up to $30,000 fine |
| Salvia divinorum / salvinorin A (2 ounces or less) | Class 1 misdemeanor | Up to 1 year; up to $2,000 fine |
| Salvia divinorum / salvinorin A (more than 2 ounces) | Class 6 felony | Up to 2 years; up to $4,000 fine |
Section 16-22-4 authorizes the creation of drug courts, which are a court-supervised alternative to incarceration. The State Court Administrator’s Office has the authority to implement statewide standards and guidelines for these courts. The South Dakota Unified Judicial System provides more information about drug courts, which are a type of problem-solving court.
Tennessee Drug Possession Laws
Tennessee Code Section 39-17-418 describes the basic offense of simple possession of controlled substances. Section 39-17-426 covers the possession of jimsonweed on school property. Section 39-17-434 describes methamphetamine possession but provides that it is punished as a violation of Section 39-17-418. Section 39-17-438 covers possession of salvia divinorum A or various synthetic cannabinoids.
Section 39-17-428 imposes mandatory minimum fines for certain drug offenses. These include $250 for first-time misdemeanor drug offenses involving marijuana or hashish, or $750 for first-time misdemeanor drug offenses involving controlled substances outside Schedule VI, among others. Section 39-17-436 provides that offenders convicted of methamphetamine possession, or possession of salvia divinorum A or the synthetic cannabinoids listed in Section 39-17-438, will be placed on a drug offender registry.
Section 39-17-419 provides that it may be inferred from the amount of a controlled substance possessed by an offender, together with other relevant facts surrounding their arrest, that the controlled substance was possessed with the purpose of selling or otherwise dispensing it. This may lead to harsher penalties.
| Offense | Classification | Penalties |
|---|---|---|
| General possession | Class A misdemeanor | Up to 11 months, 29 days; up to $2,500 fine |
| Methamphetamine | Class A misdemeanor | Up to 11 months, 29 days (mandatory minimum of 30 days); up to $2,500 fine |
| Jimsonweed on school property | Class A misdemeanor | Up to 11 months, 29 days; up to $2,500 fine |
| Salvia divinorum A / synthetic cannabinoids | Class D felony | 2-12 years; up to $5,000 fine |
For methamphetamine possession, the 30-day minimum sentence does not prevent a defendant from participating in a drug or recovery court or another licensed treatment program, and they may receive sentence credit for up to the 30-day minimum. If their clinical assessment results indicate a need to participate in a drug or recovery court or treatment program, the court must strongly consider ordering them to serve the sentence through this program instead of confinement.
Section 16-22-102 describes the goals of drug court treatment programs. Participants must not be violent offenders and must be substance abusing or chemically dependent, or both. The Tennessee Department of Mental Health & Substance Abuse Services provides more information about the recovery courts (drug courts) in the state.
Texas Drug Possession Laws
Texas Health and Safety Code Section 481.101 provides that controlled substances are divided into penalty groups. The current groups are Group 1, Group 1-A, Group 1-B, Group 2, Group 2-A, Group 3, and Group 4, although the statutes governing possession are organized slightly differently. Groups 1 and 1-B are covered together, while Group 1-A, Group 2, Group 2-A, Group 3, and Group 4 are each covered separately. Meanwhile, Section 481.119 covers possession of miscellaneous controlled substances that are listed in a schedule but not in a group. Section 481.121 provides distinctive rules for marijuana.
| Offense | Classification | Penalties |
|---|---|---|
| Penalty Group 1 or 1-B (less than 1 gram) | State jail felony | 180 days-2 years; up to $10,000 fine |
| Penalty Group 1 or 1-B (1-4 grams) | Third-degree felony | 2-10 years; up to $10,000 fine |
| Penalty Group 1 or 1-B (4-200 grams) | Second-degree felony | 2-20 years; up to $10,000 fine |
| Penalty Group 1 or 1-B (200-400 grams) | First-degree felony | Life or 5-99 years; up to $10,000 fine |
| Penalty Group 1 or 1-B (400 grams or more) | Unclassified felony | Life or 10-99 years; up to $100,000 fine |
| Penalty Group 1-A (less than 20 abuse units, as defined by Section 481.002(50)) | State jail felony | 180 days-2 years; up to $10,000 fine |
| Penalty Group 1-A (20-80 abuse units, as defined by Section 481.002(50)) | Third-degree felony | 2-10 years; up to $10,000 fine |
| Penalty Group 1-A (80-4,000 abuse units, as defined by Section 481.002(50)) | Second-degree felony | 2-20 years; up to $10,000 fine |
| Penalty Group 1-A (4,000-8,000 abuse units, as defined by Section 481.002(50)) | First-degree felony | Life or 5-99 years; up to $10,000 fine |
| Penalty Group 1-A (8,000 abuse units or more, as defined by Section 481.002(50)) | Unclassified felony | Life or 15-99 years; up to $250,000 fine |
| Penalty Group 2 (less than 1 gram) | State jail felony | 180 days-2 years; up to $10,000 fine |
| Penalty Group 2 (1-4 grams) | Third-degree felony | 2-10 years; up to $10,000 fine |
| Penalty Group 2 (4-400 grams) | Second-degree felony | 2-20 years; up to $10,000 fine |
| Penalty Group 2 (400 grams or more) | Unclassified felony | Life or 5-99 years; up to $50,000 fine |
| Penalty Group 2-A (2 ounces or less) | Class B misdemeanor | Up to 180 days; up to $2,000 fine |
| Penalty Group 2-A (2-4 ounces) | Class A misdemeanor | Up to 1 year; up to $4,000 fine |
| Penalty Group 2-A (4 ounces-5 pounds) | State jail felony | 180 days-2 years; up to $10,000 fine |
| Penalty Group 2-A (5-50 pounds) | Third-degree felony | 2-10 years; up to $10,000 fine |
| Penalty Group 2-A (50-2,000 pounds) | Second-degree felony | 2-20 years; up to $10,000 fine |
| Penalty Group 2-A (more than 2,000 pounds) | Unclassified felony | Life or 5-99 years; up to $50,000 fine |
| Penalty Group 3 (less than 28 grams) | Class A misdemeanor | Up to 1 year; up to $4,000 fine |
| Penalty Group 3 (28-200 grams) | Third-degree felony | 2-10 years; up to $10,000 fine |
| Penalty Group 3 (200-400 grams) | Second-degree felony | 2-20 years; up to $10,000 fine |
| Penalty Group 3 (400 grams or more) | Unclassified felony | Life or 5-99 years; up to $50,000 fine |
| Penalty Group 4 (less than 28 grams) | Class B misdemeanor | Up to 180 days; up to $2,000 fine |
| Penalty Group 4 (28-200 grams) | Third-degree felony | 2-10 years; up to $10,000 fine |
| Penalty Group 4 (200-400 grams) | Second-degree felony | 2-20 years; up to $10,000 fine |
| Penalty Group 4 (400 grams or more) | Unclassified felony | Life or 5-99 years; up to $50,000 fine |
| Marijuana (2 ounces or less) | Class B misdemeanor | Up to 180 days; up to $2,000 fine |
| Marijuana (2-4 ounces) | Class A misdemeanor | Up to 1 year; up to $4,000 fine |
| Marijuana (4 ounces-5 pounds) | State jail felony | 180 days-2 years; up to $10,000 fine |
| Marijuana (5-50 pounds) | Third-degree felony | 2-10 years; up to $10,000 fine |
| Marijuana (50-2,000 pounds) | Second-degree felony | 2-20 years; up to $10,000 fine |
| Marijuana (more than 2,000 pounds) | Unclassified felony | Life or 5-99 years; up to $50,000 fine |
| Substance in schedule but not in penalty group | Class B misdemeanor | Up to 180 days; up to $2,000 fine |
Texas Government Code Section 123.002 provides the authority to establish drug court programs. These include drug courts for people arrested for, charged with, or convicted of an offense in which an element is the possession of a controlled substance or marijuana. A county with a population of more than 200,000 people must have a drug court program. If a defendant successfully completes a program, regardless of whether the defendant was convicted or whether the court deferred further proceedings without entering an adjudication of guilt, the court will enter an order of non-disclosure of criminal history record information after notice to the state and a hearing on whether the defendant is entitled to the petition and whether issuing the order is in the best interest of justice.
The Texas Department of Criminal Justice provides more details about how drug courts work.
Utah Drug Possession Laws
Utah Code Section 58-37-8 defines the basic offense of possessing a controlled substance. First-time offenses are generally misdemeanors, except for possessing very large quantities of marijuana. Penalties are enhanced for drug possession on jail or prison property. Proof that a person possessed a controlled substance is prima facie evidence that they did so with knowledge of its character.
| Offense | Classification | Penalties |
|---|---|---|
| Marijuana (100 pounds or more) | Second-degree felony | 1-15 years; up to $10,000 fine |
| Schedule I or II | Class A misdemeanor | Up to 364 days; up to $2,500 fine |
| All other possession offenses | Class B misdemeanor | Up to 6 months; up to $1,000 fine |
Section 78A-5-201 authorizes the creation of drug court programs, which involve continuous judicial supervision. Acceptance of an offender into a drug court is based on a risk and needs assessment, without considering the nature of the offense.
The Utah Judicial Branch provides information about problem solving courts, which include drug courts.
Vermont Drug Possession Laws
18 Vermont Statutes Section 4205 generally provides that it is unlawful to possess any regulated drug. Specific statutes apply to cannabis, cocaine, LSD, heroin, narcotic drugs (or depressants or stimulants) other than heroin or cocaine, methamphetamine, hallucinogenic drugs other than LSD, and Ecstasy, outlining separate sets of penalties for possessing each type of substance.
There is a permissive inference that someone who possesses at least 50 pounds of cannabis, five pounds of hashish, 150 grams of cocaine, 3.5 grams of heroin, 70 mg of fentanyl, or 300 grams of methamphetamine intends to sell or dispense it, which is classified as trafficking and carries severe penalties.
Note that Vermont is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| Cannabis (1-2 ounces) / hashish (5-10 grams) | Civil offense | No jail time: up to $100 fine |
| Cannabis (2-8 ounces) / hashish (10 grams-1.4 ounces) | Misdemeanor | Up to 6 months; up to $500 fine |
| Cannabis (8 ounces-1 pound) / hashish (1.4-2.8 ounces) | Felony | Up to 3 years; up to $10,000 fine |
| Cannabis (1-10 pounds) / hashish (2.8 ounces-1 pound) | Felony | Up to 5 years; up to $10,000 fine |
| Cannabis (more than 10 pounds) / hashish (more than 1 pound) | Felony | Up to 15 years; up to $500,000 fine |
| Cocaine (less than 2.5 grams) | Misdemeanor | Up to 1 year; up to $2,000 fine |
| Cocaine (2.5 grams-1 ounce) | Felony | Up to 5 years; up to $100,000 fine |
| Cocaine (1 ounce or more) | Felony | Up to 10 years; up to $250,000 fine |
| LSD (less than 100 mg) | Misdemeanor | Up to 1 year; up to $2,000 fine |
| LSD (100 mg-1 gram) | Felony | Up to 5 years; up to $25,000 fine |
| LSD (1-10 grams) | Felony | Up to 10 years; up to $100,000 fine |
| LSD (10 grams or more) | Felony | Up to 20 years; up to $500,000 fine |
| Heroin (less than 200 mg) | Misdemeanor | Up to 1 year; up to $2,000 fine |
| Heroin (200 mg-1 gram) | Felony | Up to 5 years; up to $100,000 fine |
| Heroin (1-2 grams) | Felony | Up to 10 years; up to $250,000 fine |
| Heroin (2 grams or more) | Felony | Up to 20 years; up to $1 million fine |
| Depressant / stimulant / narcotic drug other than heroin or cocaine (less than 100 times benchmark unlawful dosage) | Misdemeanor | Up to 1 year; up to $2,000 fine |
| Depressant / stimulant / narcotic drug other than heroin or cocaine (100-1,000 times benchmark unlawful dosage) | Felony | Up to 5 years; up to $25,000 fine |
| Depressant / stimulant / narcotic drug other than heroin or cocaine (1,000-10,000 times benchmark unlawful dosage) | Felony | Up to 10 years; up to $100,000 fine |
| Depressant / stimulant / narcotic drug other than heroin or cocaine (10,000 times benchmark unlawful dosage or more) | Felony | Up to 20 years; up to $500,000 fine |
| Methamphetamine (less than 2.5 grams) | Misdemeanor | Up to 1 year; up to $2,000 fine |
| Methamphetamine (2.5-25 grams) | Felony | Up to 5 years; up to $100,000 fine |
| Methamphetamine (25 grams or more) | Felony | Up to 10 years; up to $250,000 fine |
| Hallucinogenic drug other than LSD (less than 10 doses) | Misdemeanor | Up to 1 year; up to $2,000 fine |
| Hallucinogenic drug other than LSD (10-100 doses) | Felony | Up to 5 years; up to $25,000 fine |
| Hallucinogenic drug other than LSD (100-1,000 doses) | Felony | Up to 10 years; up to $100,000 fine |
| Hallucinogenic drug other than LSD (1,000 or more doses) | Felony | Up to 15 years; up to $500,000 fine |
| Ecstasy (less than 2 grams) | Misdemeanor | Up to 1 year; up to $2,000 fine |
| Ecstasy (2-20 grams) | Felony | Up to 5 years; up to $25,000 fine |
| Ecstasy (20 grams-7 ounces) | Felony | Up to 10 years; up to $100,000 fine |
| Ecstasy (7 ounces or more) | Felony | Up to 20 years; up to $500,000 fine |
A first-time offender with 2-8 ounces of cannabis (or 10 grams-1.4 ounces of hashish) will have the opportunity to participate in a court diversion program unless the prosecutor states on the record why this would not serve the ends of justice. Also, a first or second offense of this nature may be eligible for deferred sentencing under 13 Vermont Statutes Section 7041, which allows a court to place an offender on probation after an adjudication of guilt if certain conditions are met. If the offender fulfills the terms of probation, the court will strike the adjudication of guilt and discharge the offender.
The Vermont Judiciary provides information about the treatment and specialty dockets (similar to drug courts) in the state court system.
Virginia Drug Possession Laws
Code of Virginia Section 18.2-250 defines the basic offense of possessing a controlled substance. The statute notes that owning or occupying property or a vehicle where a controlled substance was found does not create a presumption of possessing the controlled substance. Section 4.1-1100 provides distinctive rules for marijuana.
Note that Virginia is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| Schedule I or II (except cannabimimetic agents) | Class 5 felony | 1-10 years (or up to 12 months at discretion of court or jury); up to $2,500 fine |
| Cannabimimetic agents | Class 1 misdemeanor | Up to 12 months; up to $2,500 fine |
| Schedule III | Class 1 misdemeanor | Up to 12 months; up to $2,500 fine |
| Schedule IV | Class 2 misdemeanor | Up to 6 months; up to $1,000 fine |
| Schedule V | Class 3 misdemeanor | No jail time; up to $500 fine |
| Schedule VI | Class 4 misdemeanor | No jail time; up to $250 fine |
| Marijuana (1-4 ounces on person or in public) | Civil offense | No jail time; up to $25 penalty |
| Marijuana (4 ounces-1 pound on person or in public) | Class 3 misdemeanor | No jail time; up to $500 fine |
| Marijuana (more than 1 pound on person or in public) | Felony | 1-10 years; up to $250,000 fine |
Section 18.2-251 provides that someone who has not previously been convicted of a drug crime may be able to have the proceedings deferred and be placed on probation for a drug possession offense. As a condition of probation, the court must require the offender to complete a treatment or education program or services, remain drug and alcohol free and submit to testing for this purpose, make reasonable efforts to secure and maintain employment, and comply with a plan of up to 24 hours of community service for a misdemeanor, or at least 100 hours for a felony. If the offender fulfills the terms and conditions of probation, the court will discharge them and dismiss the proceedings against them without adjudication of guilt.
Section 18.2-254 further provides that a court may determine based on a substance abuse screening and assessment that an offender needs treatment for the use of drugs. If this happens, the court may commit the offender to a substance abuse treatment facility. This type of confinement will be treated as confinement in a penal institution. If the director of the treatment facility certifies that the confined person has responded to treatment, the court may release the confined person before the end of their period of confinement and suspend the rest of the term under certain conditions.
In addition, Section 18.2-254.1 provides the basis for drug treatment courts, which are specialized court dockets that offer judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases. Virginia’s Judicial System provides more information about how drug treatment courts work.
Washington Drug Possession Laws
Revised Code of Washington Section 69.50.4013 defines the basic offense of possessing a controlled substance. However, law enforcement is encouraged to offer a referral to assessment and services instead of booking the offender in jail and referring the case to the prosecutor. Section 69.50.4014 covers possession of certain amounts of cannabis separately. Again, law enforcement is encouraged to offer a referral to assessment and services instead of booking the offender in jail and referring the case to the prosecutor, while prosecutors are encouraged to divert cases for assessment, treatment, or other services.
Note that Washington is one of the states that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| General possession | Gross misdemeanor | Up to 180 days; up to $1,000 fine |
| Cannabis (1 ounce-40 grams) | Misdemeanor | Up to 90 days; up to $1,000 fine |
Section 2.30.030 authorizes the creation of therapeutic courts, which include drug courts. These courts develop and process cases in ways that depart from traditional judicial processes to allow defendants the opportunity to get treatment services to address particular issues that may have contributed to the conduct that led to their arrest, in exchange for resolving the case or charges. The consent of the prosecutor is required.
The Washington State Association of Drug Court Professionals provides more information about how these alternative courts work.
Washington, D.C. Drug Possession Laws
District of Columbia Code Section 48-904.01 defines the basic offense of possessing a controlled substance. PCP is subject to especially harsh penalties.
Note that Washington, D.C. is one of the jurisdictions that have legalized small amounts of marijuana for recreational use. See our cannabis law survey for details.
| Offense | Classification | Penalties |
|---|---|---|
| General possession | Misdemeanor | Up to 180 days; up to $1,000 fine |
| PCP in liquid form | Felony | Up to 3 years; up to $12,500 fine |
Section 48-904.01 also provides that someone who has not previously been convicted of a drug crime may have the proceedings deferred and be placed on probation for up to one year. If they do not violate any of the conditions of the probation, the court will discharge them and dismiss the proceedings against them without an adjudication of guilt.
The District of Columbia Courts website describes how the Superior Court Drug Intervention Program (drug court) works.
West Virginia Drug Possession Laws
West Virginia Code Section 60A-4-401 defines the offense of possessing a controlled substance. This is a misdemeanor that may lead to 90 days to six months in jail, as well as a fine of up to $1,000.
However, the case may be disposed under Section 60A-4-407, which provides for a conditional discharge for first-time drug possession offenders. First offenses for possession of synthetic cannabinoids, MPVD, or less than 15 grams of marijuana must be disposed under Section 60A-4-407. Under this law, if the offender has not previously been convicted of a drug crime, the court may defer further proceedings and place them on probation. If they fulfill the terms and conditions of probation, the court will discharge them and dismiss the proceedings against them without adjudication of guilt.
Meanwhile, Section 62-15-4 authorizes each judicial circuit to establish a drug court or regional drug court program under which drug offenders will be processed to address their substance abuse problems as a condition of pre-trial release, probation, incarceration, parole, or other release from a correctional facility. If an offender successfully completes drug court, their case will be disposed in the manner prescribed by the agreement governing their participation in the program. This may include withholding criminal charges, dismissing charges, probation, deferred or suspended sentencing, or a reduced period of incarceration.
The West Virginia Judiciary provides further information about how adult drug courts work.
Wisconsin Drug Possession Laws
Wisconsin Statutes Section 961.41 defines the offense of possessing a controlled substance. Specific provisions apply to Schedule I and II narcotics, cocaine, certain hallucinogenic and stimulant drugs, tetrahydrocannabinols, synthetic cannabinoids, GHB, GBL, 1,4-butanediol, ketamine, flunitrazepam, and methamphetamine.
| Offense | Classification | Penalties |
|---|---|---|
| Schedule I or II narcotics | Class I felony | Up to 3.5 years; up to $10,000 fine |
| Cocaine | Misdemeanor | Up to 1 year; up to $5,000 fine |
| LSD / PCP / amphetamine / MDMA / methcathinone / cathinone / N-benzylpiperazine / psilocin or psilocybin / certain Schedule I substances specified in Section 961.14 | Misdemeanor | Up to 1 year; up to $5,000 fine |
| Tetrahydrocannabinols | Misdemeanor | Up to 6 months; up to $1,000 fine |
| Synthetic cannabinoids | Misdemeanor | Up to 6 months; up to $1,000 fine |
| GHB / GBL / 1,4-butanediol / ketamine / flunitrazepam | Class H felony | Up to 6 years; up to $10,000 fine |
| Methamphetamine | Class I felony | Up to 3.5 years; up to $10,000 fine |
| All other drugs | Misdemeanor | Up to 30 days; up to $500 fine |
Section 961.47 provides for a conditional discharge for first-offense drug possession not involving one of the drugs specifically enumerated in the possession provisions of Section 961.41. If the offender has not previously been convicted of a drug crime, the court may defer further proceedings and place them on probation. If they fulfill the terms and conditions of probation, the court will discharge them and dismiss the proceedings against them without adjudication of guilt.
Section 165.955 endorses the operation of drug courts. These divert a substance-abusing person from prison or jail into treatment by increasing direct supervision of the person, coordinating public resources, providing intensive community-based treatment, and expediting case processing.
The Wisconsin Court System provides further information about problem-solving courts, which include drug treatment courts.
Wyoming Drug Possession Laws
Wyoming Statutes Section 35-7-1031 defines the offense of possessing a controlled substance. Penalties depend on both the amount of the drug and the schedule in which it is listed. Somewhat distinctive rules apply to crack cocaine, LSD, and methamphetamine.
| Offense | Classification | Penalties |
|---|---|---|
| Plant form (3 ounces or less) / liquid form (0.3 grams or less) / pill, capsule, powder, or crystalline form (3 grams or less) / crack cocaine (0.5 grams or less) / LSD (0.3 grams or less) | Misdemeanor | Up to 12 months; up to $1,000 fine |
| Methamphetamine / Schedule I or II narcotic drug (amount greater than above) | Felony | Up to 7 years; up to $15,000 fine |
| Any other Schedule I, II, or III controlled substance (amount greater than above) | Felony | Up to 5 years; up to $10,000 fine |
| Schedule IV controlled substance (amount greater than above) | Felony | Up to 2 years; up to $2,500 fine |
| Schedule V controlled substance | Misdemeanor | Up to 1 year; up to $1,000 fine |
Section 35-7-1037 provides for probation and discharge of first offenders. When an offender has not previously been convicted of a drug crime, the court may defer further proceedings and place them on probation. A term of probation for a felony generally must not be longer than three years. If the offender fulfills the terms and conditions of probation, the court will discharge them and dismiss the proceedings against them without adjudication of guilt.
Section 7-13-607 authorizes judges to refer substance offenders for participation in a court-supervised treatment program (drug court) if a substance abuse assessment reveals that an offender is in need of treatment, the judge has reason to believe that participation in a program will benefit the person by addressing their substance abuse, and certain other criteria are met. The Wyoming Department of Health provides more information about these programs.
